Local and special acts and resolutions of the General Assembly of the state of Georgia 1989 [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 19890000 English

1989 19890000

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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 None Appellate CourtsPersonnel I Superior CourtsPersonnel and Calendars I IndexTabular XI IndexGeneral LV Population of Georgia CountiesAlphabetically CLV Population of Georgia CountiesNumerically CLVIII Georgia Senatorial Districts, Alphabetically by County CLX Georgia Senators, Alphabetically by Name CLXII Georgia Senators, Numerically by District CLXIV Georgia House Districts, Alphabetically by County CLXVII Georgia Representatives, Alphabetically by Name CLXIX Georgia Representatives, Numerically by District CLXXVII Status of Referendum Elections CLXXXV Vetoes by the Governor CCLXLVIII VOLUME TWO Acts by NumbersPage References vi Bills and ResolutionsAct Number References xiii Acts and Resolutions of Local Application 3501 County Home Rule Actions 5109 Municipal Home Rule Actions 5129 Municipal OrdinancesTerms and Elections 5349 Appellate CourtsPersonnel I Superior CourtsPersonnel and Calendars I IndexTabular XI IndexGeneral LV Population of Georgia CountiesAlphabetically CLV Population of Georgia CountiesNumerically CLVIII Georgia Senatorial Districts, Alphabetically by County CLX Georgia Senators, Alphabetically by Name CLXII Georgia Senators, Numerically by District CLXIV Georgia House Districts, Alphabetically by County CLXVII Georgia Representatives, Alphabetically by Name CLXIX Georgia Representatives, Numerically by District CLXXVII Status of Referendum Elections CLXXXV Vetoes by the Governor CCLXLVIII

COMPILER'S NOTE General Acts and Resolutions of the 1989 session of the General Assembly of Georgia will be found in Volume I beginning at page 1. While Proposed amendments to the Constitution of the State of Georgia are usually grouped together in Volume I, no amendments were proposed in 1989 . 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 1988 are printed in Volume II beginning at page 5109. Home rule actions by municipalities which were filed in the office of the Secretary of State during 1988 are printed in Volume II beginning at page 5129. Code Sections 21-3-60 through 21-3-64 of the Official Code of Georgia Annotated allowed municipal governing authorities to adopt certain ordinances relating to terms of office and election of municipal officials. Such ordinances were required to be filed in the office of the Secretary of State by January 31, 1989. All ordinances adopted pursuant to these Code sections which were filed in the office of the Secretary of State are grouped together and printed in Volume II beginning on page 5349. There are no numbered pages between 1807 and 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 amend 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.

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ACTS BY NUMBERS, PAGE REFERENCES Act No. Page.no 1 3501 2 3505 3 3508 4 1 5 10 6 13 7 14 8 41 9 43 10 44 11 3510 12 3512 13 46 14 47 15 3542 16 48 17 50 18 3546 19 3567 20 52 21 54 22 56 23 3569 24 3574 25 3575 26 3578 27 57 28 3587 29 3605 30 3619 31 61 32 62 33 3622 34 74 35 80 36 3625 37 3627 38 81 39 3630 40 3633 41 144 42 3752 43 3755 44 3764 45 3767 46 3769 47 3774 48 3776 49 3778 50 3799 51 3802 52 3820 53 3823 54 3859 55 3865 56 3867 57 3869 58 3876 59 3878 60 3883 61 3885 62 3888 63 3894 64 3897 65 3899 66 3901 67 3904 68 3907 69 3910 70 3912 71 3914 72 3918 73 3920 74 3923 75 3925 76 3928 77 3931 78 3934 79 3938 80 3940 81 3942 82 3957 83 3960 84 3964 85 3967 86 3969 87 3976 88 3979 89 3981 90 3983 91 3985 92 3994 93 3996 94 3998

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95 4001 96 4004 97 4006 98 4009 99 4013 100 153 101 4015 102 4018 103 4021 104 4024 105 4027 106 4030 107 4032 108 4037 109 4039 110 4042 111 4045 112 4048 113 4051 114 4054 115 4057 116 4059 117 4062 118 4065 119 4068 120 4071 121 4073 122 4075 123 4079 124 4084 125 4087 126 4090 127 4097 128 4099 129 4101 130 4104 131 4108 132 4111 133 4113 134 4116 135 4118 136 4123 137 4126 138 4128 139 4130 140 4132 141 4135 142 4139 143 4141 144 4144 145 4146 146 4148 147 4151 148 4154 149 4156 150 4158 151 4165 152 4167 153 4170 154 4173 155 4175 156 4178 157 4180 158 4182 159 4186 160 4189 161 4192 162 4195 163 4199 164 4202 165 4205 166 4208 167 4211 168 4214 169 154 170 159 171 163 172 165 173 4216 174 4218 175 4221 176 4224 177 4229 178 4233 179 4244 180 4246 181 4252 182 4256 183 4262 184 4266 185 4269 186 4271 187 4273 188 4275 189 4278 190 4283 191 4286 192 4288 193 4291 194 4293 195 4295 196 4311

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197 4313 198 4321 199 4328 200 4330 201 4336 202 4338 203 4340 204 4342 205 4345 206 4348 207 4351 208 4354 209 4356 210 4358 211 4361 212 4364 213 4366 214 4369 215 4379 216 4382 217 4396 218 4398 219 4401 220 4403 221 4407 222 4411 223 4414 224 4416 225 4418 226 4422 227 4425 228 4434 229 4449 230 4452 231 4458 232 4465 233 4468 234 4472 235 4523 236 4542 237 4544 238 4548 239 178 240 4551 241 4554 242 4556 243 4559 244 4564 245 4566 246 4568 247 4572 248 4575 249 179 250 4577 251 4583 252 4588 253 4591 254 4594 255 4596 256 4630 257 4632 258 4635 259 4638 260 4640 261 4643 262 4646 263 4648 264 4650 265 4652 266 4657 267 4659 268 4662 269 4665 270 4667 271 4670 272 4686 273 4689 274 4691 275 4694 276 4696 277 4699 278 4701 279 4711 280 4716 281 4719 282 4721 283 4727 284 4734 285 4737 286 4740 287 4743 288 4746 289 4750 290 4767 291 4772 292 4774 293 4777 294 4782 295 4789 296 4792 297 4802 298 4805

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299 4813 300 4816 301 4818 302 4821 303 4824 304 4829 305 4834 306 4836 307 4839 308 4842 309 4848 310 4850 311 4853 312 4855 313 4858 314 4860 315 4863 316 4865 317 4867 318 4869 319 4871 320 4873 321 4876 322 4878 323 4880 324 4882 325 4885 326 4887 327 4891 328 180 329 188 330 196 331 200 332 203 333 205 334 212 335 213 336 218 337 221 338 223 339 224 340 225 341 228 342 230 343 231 344 232 345 233 346 238 347 240 348 242 349 243 350 245 351 247 352 249 353 250 354 251 355 253 356 256 357 258 358 260 359 261 360 268 361 271 362 272 363 274 364 276 365 278 366 279 367 280 368 283 369 284 370 288 371 290 372 291 373 292 374 295 375 297 376 298 377 301 378 302 379 304 380 305 381 310 382 312 383 313 384 314 385 317 386 319 387 320 388 321 389 325 390 326 391 327 392 328 393 329 394 331 395 332 396 335 397 338 398 339 399 347 400 350

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401 352 402 354 403 356 404 360 405 361 406 364 407 369 408 370 409 380 410 381 411 386 412 390 413 393 414 395 415 405 416 408 417 414 418 415 419 417 420 419 421 423 422 425 423 426 424 427 425 437 426 438 427 441 428 443 429 448 430 451 431 452 432 454 433 456 434 457 435 459 436 460 437 461 438 465 439 466 440 468 441 469 442 471 443 473 444 489 445 490 446 492 447 495 448 497 449 498 450 501 451 502 452 504 453 506 454 509 455 510 456 513 457 514 458 516 459 517 460 519 461 553 462 555 463 556 464 560 465 562 466 563 467 568 468 569 469 571 470 572 471 574 472 579 473 585 474 586 475 592 476 593 477 594 478 596 479 597 480 603 481 604 482 605 483 607 484 611 485 613 486 622 487 623 488 628 489 633 490 634 491 642 492 643 493 656 494 657 495 659 496 661 497 662 498 663 499 665 500 672 501 674 502 675

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503 676 504 678 505 680 506 681 507 682 508 685 509 687 510 688 511 690 512 692 513 693 514 784 515 787 516 790 517 792 518 797 519 801 520 803 521 805 522 807 523 808 524 812 525 813 526 815 527 819 528 824 529 825 530 827 531 829 532 832 533 836 534 838 535 840 536 841 537 842 538 849 539 852 540 855 541 857 542 859 543 861 544 878 545 879 546 881 547 883 548 885 549 888 550 890 551 891 552 894 553 896 554 900 555 903 556 905 557 908 558 911 559 914 560 917 561 918 562 919 563 921 564 925 565 927 566 931 567 946 568 1027 569 1075 570 1078 571 1080 572 1082 573 1084 574 1090 575 1091 576 1096 577 1098 578 1108 579 1109 580 1110 581 1112 582 1115 583 1118 584 1119 585 1120 586 1122 587 1124 588 1127 589 1129 590 1143 591 1146 592 1148 593 1151 594 1153 595 1155 596 1160 597 1161 598 1178 599 1181 600 1182 601 1186 602 1193 603 1195 604 4896

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605 1207 606 1210 607 1211 608 1227 609 1228 610 1230 611 1234 612 4901 613 1238 614 1241 615 4905 616 4916 617 4990 618 1242 619 1244 620 1245 621 1247 622 1248 623 1249 624 1257 625 4998 626 1276 627 1284 628 1285 629 1287 630 5003 631 1289 632 1295 633 1304 634 1317 635 1391 636 1394 637 1396 638 1398 639 1399 640 1400 641 1402 642 1403 643 1404 644 1406 645 1409 646 1414 647 1418 648 1420 649 1487 650 1489 651 1492 652 1552 653 1566 654 1569 655 1570 656 1579 657 1582 658 1584 659 5011 660 1585 661 1594 662 1598 663 1600 664 1602 665 1603 666 1605 667 1606 668 1617 669 1619 670 1633 671 1634 672 1636 673 1637 674 1639 675 1641 676 1659 677 1674 678 1682 679 1685 680 1687 681 1690 682 1693 683 1698 684 1701 685 1714 686 1716 687 1719 688 1721 689 1742 690 1748 691 1753 692 1756 693 1771 694 1780 695 1782 696 5078 697 1786 698 1792 699 5105 700 1794 701 1795 702 1803 703 1805 704 1806

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RESOLUTIONS BY NUMBERS, PAGE REFERENCES Res. Act No. Page 1 59 2 697 3 700 4 701 5 703 6 704 7 705 8 706 9 707 10 708 11 710 12 711 13 713 14 715 15 716 16 717 17 719 18 722 19 725 20 726 21 727 22 729 23 730 24 731 25 734 26 735 27 736 28 737 29 741 30 746 31 747 32 751 33 754 34 760 35 763 36 764 37 768 38 771 39 773 40 776 41 781 42 1167 43 1168 44 1172 45 1749 BILLS AND RESOLUTIONSACT NUMBER REFERENCES House Bill Act No. Page No. 1 4 1 4 450 501 5 336 218 7 535 840 8 599 1181 11 451 502 15 Vetoed 16 337 221 19 338 223 29 666 1605 30 661 1594 31 3 3508 32 339 224 41 1 3501 42 340 225

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43 341 223 45 452 504 49 342 230 50 343 231 51 679 1685 53 513 693 54 665 1603 55 334 212 56 453 506 57 536 841 58 454 509 59 537 842 62 495 659 63 496 661 64 344 232 66 538 849 69 345 233 70 539 852 71 346 238 72 497 662 75 347 240 76 600 1182 90 20 52 91 5 10 92 6 13 93 7 14 94 540 855 96 348 242 98 8 41 99 455 510 101 541 857 102 456 513 104 Vetoed 106 349 243 107 350 245 108 351 247 110 678 1682 111 13 46 113 10 44 114 701 1795 118 38 81 119 352 249 120 353 250 121 354 251 123 635 1391 124 542 859 125 457 514 128 458 516 129 459 517 130 460 519 131 601 1186

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134 355 253 138 2 3505 139 543 861 140 461 553 142 16 48 143 17 50 145 651 1492 146 462 555 151 677 1674 154 676 1659 155 356 256 157 602 1193 159 544 878 160 545 879 161 498 663 163 357 258 166 636 1394 169 546 881 174 12 3512 175 499 665 176 547 883 178 548 885 181 500 672 182 501 674 183 549 888 187 463 556 191 21 54 193 464 560 194 550 890 195 358 260 199 58 3876 201 637 1396 202 656 1579 203 551 891 205 465 562 206 552 894 207 502 675 208 553 896 209 359 261 210 466 563 214 360 268 215 634 1317 216 503 676 217 361 271 219 18 3546 220 598 1178 221 504 678 223 603 1195 225 660 1585 226 662 1598 229 362 272

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234 554 900 236 59 3878 237 604 4896 238 467 568 239 555 903 240 556 905 245 9 43 247 638 1398 248 557 908 252 468 569 254 558 911 257 469 571 258 559 914 259 560 917 261 470 572 263 363 274 265 364 276 269 365 278 270 60 3883 271 561 918 272 471 574 274 472 579 280 639 1399 281 119 4068 283 61 3885 285 605 1207 288 562 919 290 120 4071 291 366 279 292 606 1210 294 62 3888 295 26 3578 297 24 3574 301 563 921 303 63 3894 304 64 3897 305 65 3899 306 330 196 307 66 3901 309 700 1794 314 505 680 315 681 1690 316 607 1211 321 564 925 322 473 585 324 474 586 326 67 3904 327 68 3907 333 565 927 334 566 931 335 567 946

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336 568 1027 337 475 592 339 476 593 340 669 1619 341 667 1606 342 185 4269 344 668 1617 345 367 280 347 11 3510 350 14 47 351 Vetoed 356 680 1687 358 506 681 362 69 3910 364 664 1602 367 569 1075 368 477 594 370 31 61 371 70 3912 373 121 4073 375 704 1806 376 699 5105 377 570 1078 378 71 3914 380 571 1080 381 Vetoed 399 608 1227 400 572 1082 401 478 596 403 573 1084 405 574 1090 407 575 1091 408 507 682 409 702 1803 410 186 4271 411 72 3918 412 368 283 413 73 3920 414 335 213 415 609 1228 420 369 284 421 479 597 422 122 4075 427 480 603 428 576 1096 430 370 288 431 654 1569 432 371 290 434 74 3923 440 508 685 443 481 604

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445 75 3925 446 187 4273 449 509 687 451 577 1098 454 76 3928 461 77 3931 463 482 605 464 Vetoed 466 483 607 469 578 1108 470 372 291 472 579 1109 473 Vetoed 474 32 62 475 484 611 476 485 613 481 640 1400 483 641 1402 484 510 688 485 580 1110 486 581 1112 487 582 1115 488 486 622 489 583 1118 492 610 1230 494 373 292 495 487 623 498 78 3934 499 27 57 501 703 1805 503 374 295 510 584 1119 512 79 3938 513 585 1120 519 670 1633 523 80 3940 524 424 427 525 425 437 526 123 4079 528 33 3622 529 586 1122 530 124 4084 531 375 297 535 587 1124 536 125 4087 538 376 298 545 426 438 546 377 301 549 126 4090 550 127 4097 551 81 3942

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554 188 4275 556 427 441 558 82 3957 559 331 200 561 128 4099 562 39 3630 566 588 1127 567 611 1234 568 428 443 569 378 302 571 83 3960 573 129 4101 574 379 304 575 130 4104 576 Vetoed 578 84 3964 579 612 4901 581 380 305 582 642 1403 583 85 3967 587 589 1129 590 429 448 592 698 1792 599 381 310 600 663 1600 601 488 628 602 189 4278 606 590 1143 607 382 312 608 591 1146 609 190 4283 610 15 3542 611 383 313 612 430 451 613 592 1148 615 86 3969 616 431 452 617 593 1151 621 25 3575 622 384 314 626 432 454 629 511 690 630 170 159 634 433 456 637 434 457 638 435 459 642 191 4286 643 594 1153 645 192 4288 646 193 4291 647 194 4293

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649 195 4295 652 87 3976 656 232 4465 658 131 4108 659 696 5078 661 436 460 664 88 3979 665 89 3981 668 196 4311 669 40 3633 670 197 4313 678 90 3983 679 437 461 680 198 4321 685 233 4468 687 132 4111 688 199 4328 689 438 465 692 385 317 716 439 466 718 200 4330 719 386 319 721 332 203 722 91 3985 723 658 1584 725 440 468 729 201 4336 730 202 4338 733 595 1155 734 441 469 736 203 4340 739 204 4342 740 205 4345 741 206 4348 742 442 471 743 387 320 747 207 4351 748 208 4354 749 443 473 757 171 163 758 444 489 760 209 4356 763 210 4358 767 211 4361 768 445 490 772 212 4364 773 388 321 774 213 4366 775 214 4369 778 215 4379 779 133 4113

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780 216 4382 781 217 4396 782 218 4398 783 134 4116 786 219 4401 788 512 692 789 220 4403 790 221 4407 791 222 4411 794 223 4414 797 224 4416 799 596 1160 802 225 4418 803 226 4422 804 227 4425 805 228 4434 806 229 4449 807 230 4452 808 231 4458 810 597 1161 811 235 4523 812 92 3994 813 446 492 814 236 4542 815 237 4544 816 238 4548 817 239 178 820 36 3625 821 37 3627 822 613 1238 823 240 4551 824 44 3764 825 241 4554 826 242 4556 827 243 4559 828 93 3996 829 244 4564 830 245 4566 831 246 4568 832 247 4572 833 447 495 834 248 4575 835 94 3998 836 249 179 837 250 4577 839 389 325 841 95 4001 843 172 165 847 251 4583 849 252 4588 850 390 326

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851 253 4591 852 254 4594 853 255 4596 854 256 4630 855 257 4632 856 258 4635 857 259 4638 858 260 4640 859 261 4643 861 96 4004 864 448 497 865 262 4646 866 263 4648 867 264 4650 868 265 4652 869 266 4657 870 267 4659 871 268 4662 872 269 4665 874 270 4667 875 271 4670 880 272 4686 881 274 4691 882 273 4689 884 275 4694 885 391 327 886 276 4696 888 277 4699 892 29 3605 893 28 3587 896 Vetoed 897 278 4701 898 449 498 901 279 4711 902 280 4716 903 135 4118 905 97 4006 906 98 4009 907 281 4719 913 136 4123 914 137 4126 918 138 4128 919 282 4721 921 283 4727 922 333 205 924 284 4734 925 285 4737 927 286 4740 928 287 4743 929 288 4746 932 614 1241

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942 289 4750 944 290 4767 945 291 4772 948 292 4774 950 293 4777 956 294 4782 957 295 4789 959 296 4792 960 99 4013 961 297 4802 962 100 153 965 298 4805 966 659 5011 967 299 4813 968 139 4130 969 140 4132 970 141 4135 971 101 4015 972 102 4018 973 300 4816 976 301 4818 977 302 4821 979 303 4824 980 304 4829 981 103 4021 982 305 4834 983 306 4836 984 104 4024 990 307 4839 991 308 4842 992 309 4848 993 310 4850 994 105 4027 995 311 4853 996 312 4855 997 313 4858 998 234 4472 1000 106 4030 1002 107 4032 1003 108 4037 1004 109 4039 1005 110 4042 1006 111 4045 1007 112 4048 1008 113 4051 1010 114 4054 1012 115 4057 1014 116 4059 1016 117 4062 1017 118 4065 1018 142 4139

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1019 143 4141 1021 144 4144 1022 145 4146 1024 146 4148 1025 616 4916 1026 615 4905 1027 147 4151 1029 148 4154 1030 149 4156 1032 150 4158 1033 151 4165 1034 152 4167 1039 314 4860 1041 153 4170 1042 154 4173 1043 155 4175 1044 156 4178 1045 315 4863 1046 157 4180 1048 316 4865 1056 158 4182 1057 159 4186 1058 160 4189 1059 317 4867 1060 318 4869 1061 319 4871 1062 320 4873 1063 321 4876 1064 322 4878 1065 323 4880 1066 324 4882 1067 325 4885 1068 326 4887 1075 43 3755 1076 327 4891 1080 161 4192 1081 617 4990 1082 162 4195 House Resolution Resolution Act No. Page No. 16 27 736 19 26 735 22 25 734 31 24 731 35 23 730 66 22 729 74 21 727 76 20 726

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90 19 725 98 18 722 99 17 719 101 16 717 104 15 716 105 14 715 107 13 713 110 12 711 115 11 710 162 45 1749 165 10 708 190 9 707 218 8 706 228 7 705 241 6 704 242 5 703 277 4 701 295 3 700 317 2 697 Senate Bill Act No. Page No. 4 45 3767 5 690 1748 8 689 1742 11 46 3769 12 47 3774 25 Vetoed 26 691 1753 27 643 1404 30 514 784 31 489 633 37 688 1721 38 672 1636 39 407 369 41 657 1582 42 515 787 43 408 370 45 516 790 49 687 1719 50 392 328 51 517 792 52 618 1242 63 409 380 65 410 381 66 393 329 67 394 331 70 41 144 75 35 80 82 675 1641

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83 631 1289 84 632 1295 85 619 1244 86 633 1304 88 411 386 101 620 1245 102 518 797 103 395 332 104 621 1247 105 644 1406 106 652 1552 113 490 634 116 412 390 117 396 335 122 673 1637 127 491 642 137 413 393 139 397 338 140 692 1756 141 693 1771 142 328 180 145 622 1248 147 22 56 150 623 1249 151 624 1257 152 398 339 159 519 801 160 399 347 161 48 3776 165 492 643 166 163 4199 167 329 188 168 49 3778 176 50 3799 180 686 1716 183 414 395 185 520 803 186 521 805 187 522 807 188 655 1570 194 697 1786 198 645 1409 199 415 405 200 400 350 202 625 4998 214 169 154 216 674 1639 225 646 1414 233 34 74 234 626 1276 235 Vetoed

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239 416 408 240 523 808 241 417 414 244 524 812 245 647 1418 247 173 4216 249 627 1284 252 525 813 253 23 3569 254 51 3802 255 685 1714 257 418 415 260 628 1285 261 526 815 264 527 819 266 19 3567 267 684 1701 272 401 352 273 402 354 274 403 356 275 404 360 276 648 1420 277 649 1487 281 174 4218 285 52 3820 286 175 4221 287 528 824 294 529 825 297 530 827 298 405 361 299 671 1634 309 493 656 310 494 657 313 694 1780 314 53 3823 315 176 4224 317 650 1489 318 531 829 319 419 417 320 695 1782 321 406 364 323 629 1287 324 532 832 327 630 5003 329 420 419 331 30 3619 332 54 3859 334 177 4229 340 178 4233 341 164 4202 343 421 423

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345 422 425 347 683 1698 350 682 1693 360 653 1566 365 179 4244 368 533 836 371 534 838 372 423 426 375 180 4246 376 181 4252 377 165 4205 379 166 4208 387 167 4211 390 42 3752 393 55 3865 394 168 4214 395 182 4256 397 56 3867 398 183 4262 400 184 4266 404 57 3869 Senate Resolution Resolution Act No. Page No. 5 1 59 22 28 737 25 29 741 35 42 1167 39 30 746 62 31 747 63 32 751 67 33 754 68 34 760 95 35 763 120 36 764 126 37 768 127 38 771 132 39 773 154 40 776 164 43 1168 171 44 1172 175 41 781

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1989 CITY OF WAYCROSS MAYOR AND COMMISSION; ELIGIBILITY; POWERS; CORPORATE LIMITS. No. 1 (House Bill No. 41). AN ACT To amend an Act creating 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 26, 1986 (Ga. L. 1986, p. 4843), so as to change provisions relating to eligibility to hold office as a member of the Commission of the City of Waycross; to prohibit certain holding of dual offices or dual employment by the Mayor and members of the Commission; to prohibit the Mayor and members of the Commission from taking certain actions with respect to matters in which they are personally interested; to provide for related matters; to provide for the addition of certain areas to the territorial 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 Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, particularly by an Act approved March 26, 1986 (Ga. L. 1986, p. 4843), is amended by striking paragraph (1) of Section 7 which reads as follows:

Page 3502

(1) The Commission of the City of Waycross shall be composed of five commissioners elected from the election districts described in Section 6 of this Act. Each member shall reside within the election district he represents and each member shall be elected by a majority of the qualified electors voting within each district. Each member of the commission shall, at the time he qualifies to run for office, be a resident of the election district which he seeks to represent, be at least 25 years of age, and be a qualified voter of the City of Waycross. Each member of the commission shall, during his term of office, continue to meet such qualifications. No person holding the office of commissioner shall hold any other public office or employment, except that of notary public or member of the state militia. and inserting in its place a new paragraph to read as follows: (1) The Commission of the City of Waycross shall be composed of five commissioners elected from the election districts described in Section 6 of this Act. Each member shall reside within the election district he represents and each member shall be elected by a majority of the qualified electors voting within each district. Each member of the commission shall, at the time he qualifies to run for office, be a resident of the election district which he seeks to represent, be at least 25 years of age, and be a qualified voter of the City of Waycross. Each member of the commission shall, during his term of office, continue to meet such qualifications. Section 2. Said Act is further amended by adding at the end of Section 7 a new paragraph (6) to read as follows: (6) (A) Except as authorized by law, neither the Mayor nor any member of the Commission shall hold any other city office or city employment; and neither the Mayor nor any member of the Commission shall be an employee of Ware County, Georgia, during the term for which elected. (B) Neither the Mayor nor any member of the Commission shall vote upon or sign any ordinance, resolution, contract, or other matter in which he is personally interested.

Page 3503

Section 3. Said Act is further amended by adding after Section 2A a new Section 2B to read as follows: Section 2B. On and after the effective date of this section, the corporate limits of the City of Waycross shall be extended so as to include the following tracts of land: (1) That track known as the Baptist Village Campus Area and bounded as follows: Commence at the centerline of Carswell Avenue at the point where the westerly corporate limits of the City of Waycross, Ware County, Georgia intersect said centerline; thence north 88 degrees west, a distance of 7,450 feet to the centerline of Carswell Avenue and at the center of a 58 foot long concrete bridge over Kettle Creek; thence westerly along the centerline of Carswell Avenue, 139 feet; thence in a 90 degree angle and in a northerly direction a distance of 50 feet to the northerly right of way of Carswell Avenue, which is the point of Beginning of the property described herein. Thence south 80 degrees, 19 minutes west and along the northerly right of way of Carswell Avenue; a distance of 1693 feet; thence north 9 degrees, 41 minutes west with a distance of 1830 feet; thence north 80 degrees, 9 minutes east with a distance of 1693 feet; thence south 9 degrees, 21 minutes east a distance of 1830 to the point of Beginning. This property contains 72.12 acres in Land Lot 170 of the Eighth Land District of Ware County, Georgia. (2) The entire right of way of Carswell Avenue along that portion of Carswell Avenue extending between the tract described in paragraph (1) of this section and the westerly corporate limits of the City of Waycross and the entire right of way of Carswell Avenue along that portion of Carswell Avenue which abuts the tract described in paragraph (1) of this section; and (3) To arrive at the beginning point of the herein described tract commence at the point on the northwesterly right of way of Plant Avenue where the northeasterly city limits of the City of Waycross intersects the right of way of

Page 3504

Plant Avenue thence north 40 degrees, 48 minutes east, distance of 864 feet to the point of beginning of the herein described tract which point is north 40 degrees, 48 minutes east, a distance of 3,025 feet from Mile Marker 20 (U.S. Highway 82); thence in a northwesterly direction along the right of way of Lisbon Drive, a distance of 200 feet; thence in a northeasterly direction, and parallel with the northwesterly right of way of Plant Avenue, a distance of 100 feet; thence in a southerly direction parallel with Lisbon Drive, a distance of 200 feet to Plant Avenue; thence and in a southwesterly direction along the northwesterly right of way of Plant Avenue, a distance of 100 feet to the point or place of beginning, containing all of Lots 12 and 13 of Block A, Satilla Terrace Subdivision, according to Plat Book A, Page 188, in the Office of the Clerk of Ware Superior Court. Section 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 INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to amend 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. This 4th day of January, 1989. Honorable Harry D. Dixon Representative, 151st District

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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: January 7, 1989. /s/ Harry D. Dixon Representative, 151st District Sworn to and subscribed before me, this 9th day of January, 1989. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved January 24, 1989. OGLETHORPE COUNTY BOARD OF COMMISSIONERS; CHAIRMAN; COMPENSATION. No. 2 (House Bill No. 138). AN ACT To amend an Act creating the Board of Commissiners of Oglethorpe County, approved February 13, 1986 (Ga. L. 1986, p. 3586), so as to change the compensation of the chairman of the board;

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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 Board of Commissioners of Oglethorpe County, approved February 13, 1986 (Ga. L. 1986, p. 3586), is amended by striking subsection (a) of Section 7 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) The chairman of the board shall receive an annual salary which is the greater of: (1) Twenty-eight thousand dollars; or (2) An amount which is the sum of $2,000.00 plus the amount received as an annual salary by the sheriff of Oglethorpe County. This salary shall be payable in equal monthly installments from the funds of Oglethorpe County. 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 INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Oglethorpe County, approved February 13, 1986 (Ga. L. 1986, p. 3586); and for other purposes.

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This 03 day of January, 1989. Honorable Charles Yeargin Representative, 14th District AFFIDAVIT STATE OF GEORGIA COUNTY OF OGLETHORPE COME NOW, Ralph Maxwell, Jr., and states after being duly sworn, that: 1. I am the publisher of the Oglethorpe Echo, which is the newspaper for legal advertisements in Oglethorpe County. 2. Attached hereto is a copy of the legal advertisment for the Notice of Intention To Introduce Local Legislation in the 1989 Session of the Georgia General Assembly. 3. This advertisement was printed in the Jan. 5, 1989 issue of the Oglethorpe Echo. This the 6th day of January, 1989. s/ Ralph B. Maxwell, Jr.

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Sworn to and subscribed before me on this the 6th day of January, 1989. /s/ Benda C. Norman Notary Public (SEAL) Approved February 1, 1989. CHATTAHOOCHEE COUNTY BOARD OF COMMISSIONERS; COMPENSATION. No. 3 (House Bill No. 31). AN ACT To amend an Act creating the Board of Commissioners of Chattahoochee County, approved March 16, 1937 (Ga. L. 1937, p. 1283), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4510), so as to change the provisions relating to the compensation of the chairman and members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the Board of Commissioners of Chattahoochee County, approved March 16, 1937 (Ga. L. 1937, p. 1283), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4510), is amended by striking subsection (b) of Section 5 in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) The chairman of the board of commissioners shall receive a salary of $200.00 per month and each of the other

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members of the board shall receive a salary of $150.00 per month. Said salaries shall be paid from the funds of Chattahoochee County. In addition to such monthly salaries, the chairman and other members of the board shall be reimbursed from county funds for actual and necessary expenses incurred by them when traveling outside the county in the performance of their duties. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without 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 1989 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Chattahoochee County, approved March 16, 1937 (Ga. L. 1937, p. 1283), as amended; and for other purposes. This 14th day of December, 1988. /s/WALTER F. ROSSO Chairman Board of Commissioners of Chattahoochee County 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 Columbus Ledger-Enquirer which is

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the official organ of Chattahoochee County, on the following date: December 21, 1988. /s/ Gerald Greene Representative, 130th District Sworn to and subscribed before me, this 9th day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 2, 1989. EMANUEL COUNTY DEVELOPMENT AUTHORITY EXEMPTIONS FROM TAXATION. No. 11 (House Bill No. 347). AN ACT To amend the Emanuel County Development Authority Act, approved March 27, 1965 (Ga. L. 1965, p. 2770), as amended, so as to change the provisions relating to exemptions from taxation; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The Emanuel County Development Authority Act, approved March 27, 1965 (Ga. L. 1965, p. 2770), as amended, is amended by striking from Section 13 thereof the following:

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The exemption from taxation herein provided shall not extend to tenants or lessees of the Authority., so that when so amended said section shall read as follows: Section 13. All property, real and personal, the title of which is vested in the Authority, and all debentures, notes, bonds and revenue bonds and certificates issued by the Authority, and interest thereon and income therefrom, shall be exempt from state, county, city and other local taxation for any purpose. All such property shall be exempt from any and all federal taxation, if and when so provided by the Constitution, laws, rules, regulations and mandates of the United States or any of its various bureaus, agencies or other entity by whatever name called. Section 2. All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Apply for Passage of Local Legislation Notice is hereby given that at the regular 1989 Session of the General Assembly of Georgia an application will be made to amend the act establishing the Emanuel County Development Authority. This 9th day of January, 1989. G. W. Johnson Jr., Chairman, Emanuel County Development Authority Rountree Cadle, Attorneys

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In Re: Emanuel County Development Authority Georgia, Emanuel County. Personally before me, the undersigned officer duly authorized to administer oaths, came William C. Rogers, Sr., who on oath deposes and says that he is the editor and publisher of The Blade, the official county organ in and for Emanuel County, and that the attached copy of Notice of Intention to Apply for Local Legislation was published in The Blade on the following date: January 11, 1989. /s/ William C. Rogers, Sr. Sworn to and Subscribed before before me, this 12th day of January, 1989. /s/ Ruby Fagler N. P., Georgia, Emanuel County. (SEAL) Approved February 17, 1989. CITY OF ACWORTH NEW CHARTER. No. 12 (House Bill No. 174). AN ACT To reincorporate and provide a new charter for the City of Acworth in Cobb County, Georgia; to provide for the corporate limits of the city, the powers of the city, and the form and method of

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government of the city; to provide for the administration of city affairs, the municipal court of the city, and the financial management of the city; to provide for elections, vacancies, and removals; to provide for general provisions and penalties; to provide for all related matters; to provide for severability; to repeal specifically certain Acts; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I INCORPORATION AND POWERS Section 1.10. Incorporation. The City of Acworth in Cobb 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 Acworth. References in this charter to the city or this city refer to the City of Acworth. 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 this charter with such alterations as may be made from time to time by local law or in a 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 Acworth, Georgia. Photographic, typed, or other copies of such maps 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 mayor and board of aldermen 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.

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Section 1.12. Powers and construction. (a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. Section 1.13. Examples of powers. The powers of this city shall include, but are not limited to, the following powers: (1) Ad valorem taxation. To levy, assess, and collect ad valorem taxes on all taxable property in the city; (2) Other taxes. To levy, assess, and collect other taxes allowed by general law; (3) Business regulation and taxation. To levy, assess, and collect occupational and business taxes and to license and regulate occupations and businesses; (4) Appropriations. To make appropriations and expend funds for support of the city and any other lawful purpose; (5) Municipal debts. To borrow money and issue bonds, notes, and other obligations as authorized by general law; (6) Property. To own property and interests in property; (7) Gifts. To accept gifts and grants for any purpose related to the powers and duties of the city on such terms as the donor may impose; (8) Condemnation. To condemn property, inside or outside the corporate limits of the city for present or future use and for any corporate purpose deemed necessary by the governing authority, under any applicable public acts as are or may be enacted; (9) Municipal utilities. To acquire, lease, operate, and dispose of public utilities;

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(10) Public utilities and services. To grant franchises or make contracts for public utilities and public service, 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 by the public service commission; (11) Roadways. To open, maintain, improve, and close streets and roads and to grant franchises and rights of way thereon; (12) Public facilities. To acquire, operate, and dispose of public buildings, public projects, parks, cemeteries, golf courses, and other public improvements inside or outside the city; (13) Sidewalk maintenance. To require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands; and to enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure to do so; (14) Building regulation. To regulate the erection and construction of buildings and all other structures; to adopt building, housing, swimming pool, plumbing, electrical, gas, and heating and air conditioning codes and to regulate all housing, building, and building trades; to license the construction and erection of buildings and all other structures; (15) Planning and zoning. To provide such comprehensive city planning for development by zoning, subdivision regulation, and the likes as the city council deems necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community; (16) Police power. To exercise the police power for the public safety and well being of the city; (17) Special areas of public regulation. To regulate or prohibit junk dealers; pawn shops, the manufacture, sale, or transportation of intoxicating liquors; the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the situation which may be dangerous to persons or property; to regulate and control

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the conduct of peddlers and itinerant traders; theatrical performances, exhibitions, and shows of any kind whatever, by taxation or otherwise; to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, game rooms, game machines, teen clubs, dance halls, and massage parlors; (18) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances; (19) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (20) Noise, air, and water pollution. To regulate the decibel level of noise, including music, and the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city; (21) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting, and to prescribe penalties and punishment for violation thereof; (22) Public hazards. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (23) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse, and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other materials for recycling and to provide for the sale of such items; (24) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary

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service or availability charge, tax, or fee for such service as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees, and to provide for the manner and method of collecting such service charges; (25) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (26) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by public, whether inside or outside the city limits, and to prescribe penalties and punishment for violations thereof; (27) Jail sentences. To provide that persons given jail sentences in the city's court shall work out such sentences in any public works or on the streets, roads, drains, and squares in the city; or to provide for commitment of such persons to any county work camp or jail by agreements with the appropriate county officials; or to provide for community service work; and to house prisoners for other governmental agencies; (28) Animal control. To regulate or prohibit the keeping of animals; (29) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city; (30) Taxicabs. To regulate vehicles operated for hire in the city; (31) Bonding companies. To regulate and license bonding companies in the city or doing business in the city; (32) Pensions. To provide and maintain a system of pensions and retirement for officers and employees of the city; (33) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements;

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(34) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations providing for services to be made therefor; (35) City agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same; (36) Penalties. To provide penalties for violations of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia; (37) Police protection. To organize and operate a police department, and to exercise the power of arrest through duly appointed policemen; (38) 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; (39) Urban redevelopment. To organize and operate an urban redevelopment program; (40) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (41) General health, safety and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; and (42) Other power. 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

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and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia. 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 the Constitution of Georgia, by general law, or by this charter. If general law and this charter make no provisions, such powers, functions, rights, privileges, and immunities shall be carried into execution as provided by ordinance. ARTICLE II GOVERNMENT STRUCTURE Section 2.10. Mayor and board of aldermen creation; composition; number; election. The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a mayor and board of five aldermen. Those persons serving as mayor or alderman of the city upon the effective date of this charter shall continue to serve out their respective terms of office and until their successors are elected and qualified as provided in Article V of this charter. Section 2.11. Mayor and board of aldermen terms and qualifications for office. The mayor and board of aldermen shall serve for terms of four years, except as provided in Article V of this charter, and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or alderman unless he or she is a qualified municipal voter and shall have been a resident of the city for one year immediately prior to the date of his or her election. The mayor and each member of the board of aldermen shall continue to reside therein during their period of service. Section 2.12. Vacancy; filling of vacancies. (a) The office of mayor or alderman 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. (b) A vacancy in the office of mayor or alderman shall be filled for the remainder of the unexpired term, if any, as provided for in Article V of this charter. Section 2.13. Compensation and expenses. (a) Until changed as provided in subsection (b) of this section, the mayor and aldermen 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 aldermen 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 aldermen 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 alderman shall not hold any other city office or city employment during the term for which he or she was elected. Section 2.15. Conflicts of interest. (a) If the mayor or any alderman has any private financial interest in any contract or other matter pending before the city or any department of the city, the mayor or alderman shall disclose such private financial interest to the other members of the government and shall abstain from taking any part in proceedings relating to such contract or other matter. (b) The mayor and board of aldermen may promulgate rules and policies concerning conflicts of interest on the part of other officers and employees of the city. Section 2.16. Inquiries and investigations. The mayor and board of aldermen 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.

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Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the mayor and board of aldermen shall be punished as provided by ordinance. Section 2.17. General power and authority of the mayor and board of aldermen. Except as otherwise provided by this charter, the mayor and board of aldermen shall be vested with all the powers of government of this city as provided by Article I of this charter. Section 2.18. Organization meeting. The mayor and board of aldermen shall meet for organization on the first Tuesday in January of each year or as soon thereafter as practicable. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members as follows: I do solemnly swear (or affirm) that I will faithfully perform the duties of (mayor or alderman as the case may be) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. Section 2.19. Regular and special meetings. (a) The mayor and board of aldermen shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the mayor and board of aldermen may be held on call of the mayor or three aldermen. 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 the mayor and board of aldermen shall not be required if the mayor and all aldermen are present when the special meeting is called. Such notice of any special meeting may be waived by the mayor or any alderman in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such council member's presence. Except where there is a waiver by all members of the city government in writing, only the business stated in the call may be transacted at the special meeting. (c) All meetings of the mayor and board of aldermen 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.

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Section 2.20. Rules of procedure. (a) The mayor and board of aldermen 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 committees and committee chairmen and officers of the city government 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 of any committee, at any time, within the mayor's discretion. Section 2.21. Quorum; voting. Three aldermen and the mayor or the mayor pro tempore and two aldermen 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 all members of the board of aldermen shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this charter. The mayor shall be entitled to vote only in the case of a tie, but the mayor pro tempore shall always be entitled to vote, even if presiding. Section 2.22. Ordinance form; procedure. (a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption, subject to such changes as may be made and voted on by the city council. The enacting clause shall be: The Mayor and Board of Aldermen of the City of Acworth hereby ordain.... every ordinance shall so begin. (b) An ordinance may be introduced by the mayor or any member of the board of aldermen and read at a regular or special meeting of the mayor and board of aldermen. (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.

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Section 2.23. Notwithstanding any other provisions of this charter, acts of the mayor and board of aldermen which have the force and effect of law may be done by ordinance or resolution of the mayor and board of aldermen except that any act of the mayor and board of aldermen 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 mayor and board of aldermen may convene on call of the mayor or three aldermen 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 in it 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 mayor and board of aldermen 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 and in a properly indexed book kept for that purpose all ordinances adopted by the mayor and board of aldermen.

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(b) The mayor and board of aldermen may provide for the preparation of a general codification of all of the ordinances of the city having the force and effect of law. The general codification shall be adopted by the mayor and board of aldermen 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 may specify. This compilation shall be known and cited officially as the The Code of the City of Acworth, 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 mayor and board of aldermen. (c) The mayor and board of aldermen 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 mayor and board of aldermen. 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 then in effect and shall be suitable in form for incorporation therein. The mayor and board of aldermen 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. Election of mayor; forfeiture; compensation. Except as provided in Section 5.12 of this charter, the mayor shall be elected and serve for a term of four years and until his or her successor is elected and qualified. He or she shall be a qualified elector of this city and shall have been a resident of this city for at least one year immediately preceding his or her election. He or she shall continue to reside in this city during the period of his or her service. He or she shall forfeit his or her office on the same grounds and under the same procedure applied to aldermen. The compensation of the mayor shall be established in the same manner as for aldermen. Section 2.28. Chief executive officer. The mayor shall be the chief executive of this city. He or she shall possess all of the executive and administrative powers granted to the city under the Constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this charter.

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Section 2.29. Powers and duties of mayor. As the chief executive of this city, the mayor shall: (1) See that all laws and ordinances of the city are faithfully executed; (2) Preside at all meetings of the mayor and city council and have the right to take part in the deliberations of said board, but shall not vote on any question except in the case of a tie; (3) Sign all deeds and contracts, except deeds for property sold under execution at public sale; (4) Cosign, 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 board of aldermen; (5) Keep the board of aldermen 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; (6) Call the board of aldermen together at any time when deemed necessary; (7) To appoint at the first meeting each year, or as soon thereafter as expedient, members of standing committees and such other committees as the mayor and council may deem necessary; and (8) Vote only in case of a tie. Section 2.30. Mayor pro tempore. The board of aldermen shall elect by a majority vote from among its members a mayor pro tempore who shall assume the duties and powers of the mayor upon the mayor's disability or absence. The mayor pro tempore shall always be entitled to vote, even when presiding. ARTICLE III ADMINISTRATIVE AFFAIRS Section 3.10. Administrative and service departments. (a) Except as otherwise provided in this charter, the mayor and board of

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aldermen, by ordinance, shall prescribe the functions or duties of and establish, abolish, or alter all nonelective offices, positions of employment, departments, agencies of the city as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or general state law or federal law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance or pay scale as adopted from time to time by the city council. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor and board of aldermen, 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 mayor and board of aldermen shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative functions as the mayor and board of aldermen 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 board of aldermen for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, term of office, or manner of appointment is prescribed by this charter or general state law. (c) The mayor and board of aldermen, 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.

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(e) No individual shall serve on more than one board, commission, or authority of the city at the same time. (f) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter, by general law, or by ordinance. (g) No member of a board, commission, or authority shall assume office until he or she has executed and filed with the clerk of the city an oath obligating himself or herself to faithfully and impartially perform the duties of his or her office, such oath to be prescribed by ordinance and administered by the mayor. (h) Any member of a board, commission, or authority may be removed from office for cause by a majority vote of the mayor and board of aldermen. (i) Except as otherwise provided by this charter or by general state law, each board, commission, or authority of the city shall elect one of its members as chairman and one member as vice chairman and one member as secretary. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, 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 mayor and board of aldermen shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment to 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 mayor and board of aldermen as directed; shall advise the mayor and board of aldermen, 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. (b) In the event the city attorney has a conflict of interest in representing the city on any particular matter or otherwise feels

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that he or she cannot adequately or properly represent the city, he or she shall so inform the mayor and board of aldermen and the mayor and board of aldermen 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 mayor and board of aldermen shall appoint a city clerk who shall not be the mayor or a member of the board of aldermen. The city clerk shall be custodian of the official city seal, maintain records of the mayor and board of aldermen required by this charter, and perform such other duties as may be required by the mayor and board of aldermen. In the event that the position of city manager is created as authorized by Section 3.15 of this charter, the mayor and board of aldermen may by ordinance abolish the position of city clerk and provide that the duties of the city clerk shall be performed by the city manager. Section 3.14. City treasurer. The mayor and board of aldermen shall appoint a city treasurer to perform the duties of a treasurer and fiscal officer. In the event that the position of city manager is created as authorized by Section 3.15 of this charter, the mayor and board of aldermen may by ordinance abolish the position of city treasurer and provide that the duties of the city treasurer shall be performed by the city manager. Section 3.15. City Manager. The mayor and board of aldermen may, in their discretion and for the best interest of the city, elect a city manager. If a city manager is elected the mayor and board of aldermen are empowered to decribe his or her duties, powers, salary, term of office, and determine such other functions of the position as may be necessary. Section 3.16. Personnel policies. The mayor and board of aldermen 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 compensation plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan;

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(3) Hours of work, vacation, sick leave and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be accomplished; (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 Acworth. 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 elected by the mayor and board of aldermen at the first organization meeting each year, in the same manner as they pass an ordinance or resolution. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless he or she shall have attained the age of 21 years. Members of the State Bar of Georgia shall be given preference in selection. All judges shall be appointed by the city council. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges may be removed for cause by the mayor and board of aldermen. (e) Before entering his or her duties as a judge of municipal court, the person elected by the mayor and board of aldermen shall take and subscribe on the minutes of the mayor and board of aldermen, the following oath: I do solemnly swear that I will faithfully, fairly, and impartially discharge the duties of judge of the Municipal Court of the City of Acworth, Georgia, in accordance with the ordinances of said city and the laws of the State of

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Georgia, and will uphold the Constitution of the State of Georgia, to the best of my skill and power. So help me God. The oath shall be entered upon the minutes of the mayor and board of aldermen. Section 4.12. Convening. The municipal court shall be convened at regular intervals as designated by ordinance or as provided by ordinance. Section 4.13. Jurisdiction; powers. (a) The municipal court shall try and punish violations of all city ordinances. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $300.00 or 30 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 or may sentence any offender upon conviction to labor for the city on the streets, sidewalks, squares, or other public places for a period not exceeding 60 days. Notwithstanding the maximum punishments contained in this subsection, any amendments to general state law that alter the maximum fines or terms of imprisonment that may be levied by a municipal court shall be applicable to the Municipal Court of the City of Acworth. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court, and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for his or her appearance and shall fail to appear at the time fixed for trial, his or her bond shall be forfeited by the judge presiding at such time. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial the case

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so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (f) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that a state law has been violated. (g) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (h) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer, as authorized by this charter or by general state law. All judges of the municipal court are authorized to issue warrants for the arrest of the persons charged with offenses against any ordinances 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 this city that are granted by general state laws 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 in cases involving ordinance violations, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Cobb 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 mayor and board of aldermen, 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

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municipal court; provided, however, that the mayor and board of aldermen may adopt in part or in toto the rules and regulations for procedure in the superior court under the general laws of the State of Georgia. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection and, upon request, a copy shall be furnished to all defendants in municipal court proceedings. ARTICLE V ELECTIONS Section 5.10. Applicability of general law. All primaries and elections shall be held and conducted in accordance with the Georgia Municipal Election Code, as now or hereafter amended. Section 5.11. Regular elections; time for holding. Except as provided in Section 5.12 of this charter, on the Tuesday next following the first Monday in November of 1989, and on that day biennially thereafter, there shall be an election for successors to the mayor and members of the board of aldermen, 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. Section 5.12. Elections of mayor and aldermen. (a) The five offices of aldermen shall be designated as Alderman Post 1, Alderman Post 2, Alderman Post 3, Alderman Post 4, and Alderman Post5. Any person desiring to offer as a candidate for alderman shall designate the alderman post for which he or she is announcing. (b) The initial elections under this charter for the aldermen representing Posts 1, 2, and 3 shall be held on the Tuesday next following the first Monday in November of 1989 for two-year terms. The next elections for the aldermen to represent Posts 1, 2, and 3 shall be held at the time of the regular municipal elections in 1991 for four-year terms, and thereafter every four years at the regular municipal elections. (c) The initial elections under this charter for the mayor and aldermen representing Post 4 and Post 5 shall be held on the Tuesday next following the first Monday in November of 1990 for three-year terms. The next elections for the mayor and aldermen to

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represent Post 4 and Post 5 shall be held at the time of the regular municipal elections in 1993 for four-year terms, and thereafter every four years at the regular municipal elections. Section 5.13. Special elections; vacancies. In the event that the office of mayor or member of the board of aldermen shall become vacant for any cause whatsoever, the mayor and board of aldermen or those remaining shall order a special election to fill the balance of the unexpired term of such office. However, if a vacancy occurs in the office of alderman within six months of the expiration of the term of that office, the mayor and members of the board of aldermen remaining shall by majority vote appoint a successor for the remainder of the term. If a vacancy occurs in the office of mayor within six months of the expiration of the term of that office, the mayor pro tempore shall act as mayor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with the Georgia Municipal Election Code. Section 5.14. Qualification of candidates. The mayor and board of aldermen shall establish, by ordinance, a qualification period for candidates for elective office, and it shall be five working days in length. The qualifying period shall occur at least 22 but not more than 40 days prior to a general election and at least 15 but not more than 30 days prior to a special election. Section 5.15. Nonpartisan election by majority. A person must receive a majority of the votes cast for any city office in order to be elected. All municipal elections shall be nonpartisan and political parties shall not conduct primaries for municipal offices. All names of candidates for such offices shall be listed without party labels. ARTICLE VI FINANCE Section 6.10. Property tax. The mayor and board of aldermen 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 mayor and board of aldermen in its discretion.

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Section 6.11. Millage rate; due dates; payment method. The mayor and board of aldermen, by ordinance, shall establish a millage rate for the city property tax, a due date, and in what length of time these taxes must be paid. The mayor and board of aldermen, 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 tax. The mayor and board of aldermen, by ordinance, shall have the power to levy such occupation or business taxes as are not denied by general state law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling therein to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The mayor and board of aldermen 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 of this charter. Section 6.13. Licenses; permits; fees. The mayor and board of aldermen, by ordinance, shall have the power to require any individuals or corporations who transact business in this city or who practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general state law in such a way as to preclude city regulation. Such fees, if unpaid, shall be collected as provided in Section 6.18 of this charter. The mayor and board of aldermen, 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 mayor and board of aldermen 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 mayor and board of aldermen shall determine the duration, provisions, terms, whether the same shall be exclusive or non-exclusive, and the consideration for such franchises.

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Section 6.15. Service charges. The mayor and board of aldermen, by ordinance, shall have the power to assess and collect fees, charges, and tolls for 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 of this charter. Section 6.16. Special assessments. The mayor and board of aldermen, by ordinance, shall have the power to assess and collect the costs of construction, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable in the discretion of the mayor and board of aldermen. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. Section 6.17. Construction; other taxes. This city shall be empowered to levy any other tax allowed now or hereafter by state law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs. Section 6.18. Collection of delinquent taxes and fees. The mayor and board of aldermen, by ordinance, may provide generally for the collection of delinquent taxes, fees, or other revenue due the city by whatever reasonable means as are not precluded by general state law. This shall include providing for the dates when the taxes or fees are due, late penalties or interest, issuance and execution of fi. fas., creation and priority of liens, making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed, revoking city licenses for failure to pay any city taxes or fees, allowing exceptions for hardship, and providing for the assignment or transfer of tax executions. Section 6.19. General obligation bonds. The mayor and board of aldermen 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 6.20. Revenue bonds. Revenue bonds may be issued by the mayor and board of aldermen as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued. Section 6.21. Short-term loans. Any short-term loan obtained by the city must be repaid by December 31 of the year in which the loan was obtained unless otherwise provided by present or future state law. Section 6.22. Fiscal year. The mayor and board of aldermen 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. The city shall also comply with the applicable provisions of Chapter 81 of Title 36 of the O.C.G.A., relating to local government budgets and audits. Section 6.23. Action on the budget. (a) The mayor and board of aldermen 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 funds shall not exceed the estimated fund balance, reserves, and revenues. (b) The mayor and board of aldermen, by ordinance, shall adopt the final budget for the ensuing fiscal year not later than the first regular meeting of the fiscal year. If the mayor and board of aldermen fail 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 mayor and board of aldermen adopt 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

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excess of the otherwise unencumbered balance of the appropriations or allotment thereof to which it is chargeable unless approved by a majority vote of the mayor and board of aldermen. Section 6.24. Tax levies. As the next order of business following adoption of the budget, the mayor and board of aldermen shall levy, by ordinance, such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of this city. Section 6.25. Changes in appropriations. The mayor and board of aldermen, 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 mayor and board of aldermen. 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. Subject to general state law provisions on municipal contracts, a contract with the city shall not be binding on the city unless: (1) It is in writing; (2) It is drawn by or submitted to and reviewed by the city attorney; and (3) It is made or authorized by the mayor and board of aldermen and such approval is entered in the minutes of the meeting of the mayor and board of aldermen.

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Section 6.28. Centralized purchasing. The mayor and board of aldermen may prescribe procedures for a system of centralized purchasing for the city. Section 6.29. Sale of city property. (a) The mayor and board of aldermen 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 mayor and board of aldermen may quitclaim any rights it may have in property not needed for public purposes upon a report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that its interest to 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 mayor and board of aldermen 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 this city, both elective and appointive, shall execute such official bonds in such amounts and upon such terms and conditions as the mayor and board of aldermen shall from time to time require by ordinance or as may be provided by state law. Section 7.11. Eminent domain. The mayor and board of aldermen are empowered to acquire, construct, operate, and maintain public ways, streets, sidewalks, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, electrical systems, gas mains and lines, gas system facilities, airports, hospitals,

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and charitable, educational, recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies, and facilities, and any other public improvements inside or outside the city, and to regulate the use thereof, and for such purposes, property may be taken under the state law of eminent domain, subject to such amendments as shall be enacted, or any other state law applicable now or provided in the future. Section 7.12. Prior ordinances. All ordinances, bylaws, rules, and regulations now in force in the city not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the mayor and board of aldermen. Section 7.13. Pending matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue; and any such ongoing work or cases shall be dealt with by such agencies, personnel, or office as may be provided by the mayor and board of aldermen. Section 7.14. Penalties. The violation of any provisions of this charter, for which penalty is not specifically provided for herein, is declared to be a misdemeanor and shall be punishable by a fine of not more than $1,000.00 or by imprisonment not to exceed 365 days or by both such fine and imprisonment. Section 7.15. Construction. (a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word shall is intended to be mandatory and the word may is not mandatory, but permissive. (c) The singular shall include the plural and the masculine the feminine and vice versa. Section 7.16. Severability. If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter, unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article,

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section, subsection, paragraph, sentence, or part thereof be enacted separately and independently of each other, and the remainder of this charter would have been enacted without such invalid or unconstitutional part had it been known upon enactment that the part in question would have been held invalid or unconstitutional. Section 7.17. Specific repealer. An Act incorporating the City of Acworth in Cobb County, approved August 17, 1903 (Ga. L. 1903, p. 413) is repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety. Section 7.18. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 7.19. General repealer. All laws and parts of laws in conflict with this charter are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to provide a new charter for the City of Acworth, Ga., and provide for related matters; to repeal the existing charter, and for other purposes. This 2nd day of Jan., 1989.

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/s/ Fred Aiken CHUCK CLAY ROY BARNES HUGH RAGAN SALLIE NEWBILL SENATORS JACK VAUGHN HERMAN CLARK STEVE THOMPSON EARL ERHART GRESHAM HOWREN FRED AIKEN JOHNNY ISAKSON JOHNNY GRESHAM TOM WILDER BILL ATKINS 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 201st 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 6, 1989. /s/ Herman Clark Representative, 20th District Sworn to and subscribed before me, this 11th day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 17, 1989.

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JEFFERSON COUNTY MAGISTRATE COURT; CHIEF MAGISTRATE; ELECTION; MAGISTRATES; APPOINTMENT; TERMS; CHIEF DEPUTY MAGISTRATE. No. 15 (House Bill No. 610). AN ACT To amend an Act to make provisions for the Magistrate Court of Jefferson County, approved March 12, 1984 (Ga. L. 1984, p. 3917), so as to change the method of selection of the chief magistrate and other magistrates; to provide for elections of the chief magistrate; to provide for appointment of the three magistrates other than the chief magistrate; to provide for terms of office; to provide for the chief magistrate and other magistrates in office on January 1, 1989; to provide for vacancies; to provide for a chief deputy magistrate; to provide for certain procedures and authority with respect to such chief deputy magistrate; to provide for compensation; 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 Jefferson County, approved March 12, 1984 (Ga. L. 1984, p. 3917), is amended by striking Sections 2 and 3 and inserting in their place new Sections 2 through 7 to read as follows: Section 2. (a) Except as provided in subsection (b) of this section, the chief magistrate shall be elected by the voters of the county at the general election next preceding the expiration of the term of the incumbent chief magistrate, in a partisan election in the same manner as county officers are elected, as provided for in subsection (d) of Code Section 15-10-20 of the O.C.G.A. Except as otherwise provided in subsection (b) of this

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section, the chief magistrate shall be elected at the general election in 1992, and quadrennially thereafter, 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. (b) The first chief magistrate elected under this Act shall be elected at a special election to be conducted on April 11, 1989. Such election shall be called and conducted in the manner provided for in Chapter 2 of Title 21 of the O.C.G.A. Such chief magistrate shall be elected for an initial term of office which shall expire on December 31, 1992, and shall take office on the first Monday immediately following his election. The successors to such chief magistrate shall be elected and qualified as provided for in subsection (a) of this section. (c) The chief magistrate in office on January 1, 1989, shall not continue to serve the remainder of the term to which he was appointed, which term shall expire upon the taking of office of the chief magistrate elected pursuant to subsection (b) of this section. Section 3. (a) Except as provided in subsection (b) of this section, the three magistrates other than the chief magistrate shall be appointed by the chief magistrate. The terms of such magistrates shall run concurrently with the term of the chief magistrate by whom they are appointed. (b) Each of the first magistrates other than the chief magistrate elected under this Act shall be appointed by the chief magistrate following his election at a special election to be conducted on April 11, 1989. Each such magistrate shall be appointed for an initial term of office which shall run concurrently with the term of the chief magistrate by whom they are appointed. The successors of each such magistrate shall be appointed and qualified as provided for in subsection (a) of this section. (c) Each magistrate other than the chief magistrate in office on January 1, 1989, shall not continue to serve the remainder of the term to which he was appointed, which term shall expire upon the taking of office of his successor magistrate appointed pursuant to subsection (b) of this section.

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Section 4. Vacancies in the office of chief magistrate or magistrate shall be filled as provided by general law. Section 5. One of the three magistrates appointed pursuant to Section 3 of this Act shall be designated as the chief deputy magistrate. The chief deputy magistrate shall be appointed from the Louisville Militia District. It shall be the duty of the chief deputy magistrate to issue all criminal warrants in that district and to hold all criminal proceedings for Jefferson County which are properly before the Magistrate Court of Jefferson County. Section 6. (a) The chief magistrate shall receive an annual salary of $20,000.00, payable in equal monthly installments from the funds of Jefferson County. Such salary shall be increased by an amount equal to the amount of any cost of living increase which shall from time to time be granted to other county employees. (b) The chief deputy magistrate shall receive a salary of $500.00 per month payable from the funds of Jefferson County. (c) The two magistrates other than the chief magistrate and the chief deputy magistrate shall receive an annual salary in an amount to be determined by the chief magistrate subject to approval by the governing authority of Jefferson County. Such salary shall not be less than the amount provided for by subsection (b) of Code Section 15-10-23 of the O.C.G.A. Such salary shall be payable from the funds of Jefferson County. Section 7. All laws and parts of laws in conflict with this Act are repealed. Section 2. All laws and parts of laws in conflict with this Act are repealed. Notice of Intention To Introduce Local Legislation Notice is hereby given that there will be introduced at the regular 1989 session of the General Assembly of Georgia, a bill to

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revise the method of selecting the Magistrates of Jefferson County, to set their compensation, terms and for other purposes. This 26th day of January, 1989. E. E. Bargeron Representative 108th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Emory E. Bargeron, who, on oath, deposes and says that he is Representative from the 108th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News and Farmer which is the official organ of Jefferson County, on the following date: January 26, 1989. /s/ E. E. Bargeron Representative, 108th District Sworn to and subscribed before me, this 31st day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 22, 1989.

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CARROLL COUNTY BOARD OF COMMISSIONERS; CREATION. No. 18 (House Bill No. 219). AN ACT To amend, revise, supersede, and consolidate the laws pertaining to the governing authority of Carroll County; to create a chairman and board of commissioners for Carroll County and prescribe their qualifications, terms of office, compensation, manner of election, powers, duties, and responsibilities; to provide for dividing said county into election districts; to provide for the internal organization and functioning of officials, employees, and departments subordinate to the chairman and board of commissioners; to provide for the management of financial affairs and the keeping and auditing of fiscal records of said county; to provide a system of budgets and allotments for the expenditure of county funds; to repeal a specific Act; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Governing authority. (a) There is hereby created the Board of Commissioners of Carroll County to be elected and organized as hereinafter provided. There is hereby created the office of chairman of the Board of Commissioners of Carroll County, and said chairman shall be a member of the commission and elected as hereinafter provided. (b) The Board of Commissioners of Carroll County, hereinafter referred to as the commission, and the chairman of the Board of Commissioners of Carroll County, hereinafter referred to as the chairman shall constitute the governing authority of Carroll County, and the respective powers and duties of the commission and the chairman shall be as provided in this Act. Section 2. The commission. (a) The commission shall consist of seven members. There shall be six district commissioners and one at-large commissioner (the chairman).

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(b) For the purpose of electing the six district commissioners, Carroll County shall be divided into six election districts as provided in Section 18 of this Act. (c) Each district commissioner shall be a citizen of this state, at least 25 years of age, and shall have been a resident of the respective election district for at least one year immediately prior to taking office. Each district commissioner shall be elected by a majority of the electors voting within the respective election district. The chairman shall be elected by a majority of the electors voting from the county at large. Any commissioners who cease to be residents of their respective commissioner districts, or resident of the county in the case of the chairman, during their terms of office shall thereby vacate their seats on the commission. All members of the commission shall be nominated and elected pursuant to the provisions of Title 21 of the O.C.G.A., the Georgia Election Code, as now or hereafter amended. Section 3. Establishment of commission. The commission created by this Act shall become effective on the date the board of commissioners takes office as provided in this Act. The initial and subsequent members of said commission shall be as follows: (1) A special election for the selection of the members to the commission for Commission Districts 1 through 6 shall be held as soon after the enactment of this Act as is reasonably practicable under the federal Voting Rights Act of 1965 and Title 21 of the O.C.G.A., the Georgia Election Code. Candidates shall qualify with the Carroll County Board of Elections and pay a qualifying fee as provided by law. The terms of office of each commission member elected by the special election shall begin on the day following the certification of the special election results by the Carroll County Board of Elections. This election shall be for a term to expire December 31, 1992. (2) Thereafter, all future elections shall be conducted on the basis of electing one person from Commission Districts 1, 3, and 5 in 1992 and every four years thereafter and one person from Commission Districts 2, 4, and 6 in 1992 for a two-year term, then in 1994 and every four years thereafter.

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Section 4. Chairman. (a) The chairman of the commission shall be a citizen of this state, at least 30 years of age and shall have been a resident of Carroll County for at least two years immediately prior to taking office. The chairman shall be elected by a majority of the electors voting from the county at large. The chairman shall be nominated and elected pursuant to Title 21 of the O.C.G.A., the Georgia Election Code, as now or hereafter amended. (b) David Perry, the current sole commissioner of Carroll County shall serve as the chairman of the commission until the expiration of his normal term of office on December 31, 1992, and until he is succeeded. Future successors shall be elected at the general election immediately preceding the expiration of the term of office and shall take office on the first day of January immediately following the election for a term of four years. Each chairman shall serve until the successor is elected and qualified. Section 5. Vacancies. (a) Vacancies on the commission and in the office of chairman occurring by reason of death, resignation, removal from the county or from the district from which elected or for any other reason shall be filled as provided in this section. (b) In the event a vacancy occurs on the commission or in the office of chairman when at least 180 days remain in the unexpired term of office, the election superintendent of Carroll County, within 15 days after the vacancy occurs, shall issue the call for a special election to fill such vacancy for the remainder of the unexpired term. Such special election shall be held not less than 29 nor more than 45 days after the issuance of the call and shall be held and conducted in accordance with the provisions of Title 21 of the O.C.G.A., the Georgia Election Code, as now or hereafter amended. If the vacancy is in the office of chairman, the members of the commission shall select one of their members to exercise the powers and duties of the chairman for the period beginning on the date the vacancy occurs and ending when the successor chairman takes office for the remainder of the unexpired term following the special election provided for herein. (c) In the event a vacancy occurs in the office of chairman when less than 180 days remain in the unexpired term of office, the members of the commission shall select one of their members to exercise the powers and duties of the chairman for the remainder of the unexpired term.

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(d) In the event a vacancy occurs on the commission when less than 180 days remain in the unexpired term of office, the remaining members of the commission shall appoint a qualified person to fill such vacancy for the remainder of the unexpired term. Any person appointed by the commission to fill a vacancy as provided herein shall possess the residency and other qualifications required for the office. Section 6. Oath and bond. Before entering upon the discharge of their duties, the chairman and members of the commission shall subscribe to an oath before the judge of the Probate Court of Carroll County for the true and faithful performance of their duties and that they are not the holders of any public funds unaccounted for. In addition the chairman shall further give a satisfactory surety bond, as determined by the judge of the Probate Court of Carroll County, and payable to the judge of the Probate Court of Carroll County and filed in the office of the judge of the Probate Court of Carroll County, in the sum of $50,000.00, conditioned upon the faithful performance of the duties of the office. Each member of the commission shall give like bond in the sum of $10,000.00. The costs of said bonds shall be paid from county funds. Section 7. Compensation. (a) The chairman shall receive an annual salary payable in equal monthly installments from funds of Carroll County. This annual salary shall be in an amount equal to the base annual salary and annual cost-of-living adjustment of the sheriff of Carroll County (as computed under paragraphs (1) and (2) of subsection (a) of Code Section 15-16-20 of the O.C.G.A.) plus $10,000.00. The annual salary provided for in the previous sentence shall also be increased by a longevity increase of 5 percent for each four-year term of office completed by the chairman after July 1, 1989, such longevity increase to be figured and granted at the end of each four-year term if the chairman is reelected to a new term. The chairman shall also be furnished with the use of an automobile provided by the county at county expense. (b) Each member of the commission other than the chairman shall receive an annual salary of $4,800.00, payable in equal monthly installments from funds of Carroll County. (c) In addition to said salaries, the chairman shall receive an expense allowance account of $3,000.00 per year from county funds, and each other member of the commission shall receive an

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expense allowance account of $1,200.00 per year from county funds. The chairman and other members of the commission may be reimbursed from such accounts, up to such maximum amounts, for expenses actually incurred by them in the performance of their duties. A member claiming expense account reimbursement shall provide documentation of the expenditure for which reimbursement is requested, subject to such rules and regulations as the commission shall specify. Expense accounts shall be maintained on a calendar year basis and any amounts not expended from a member's expense account for any calendar year for expenses incurred in that calendar year shall revert to the general fund of the county treasury. Section 8. Powers and duties of the commission. (a) The commission shall have the power and authority to fix and establish, by appropriate resolution or ordinance entered on its minutes, policies, rules, and regulations governing all matters reserved to its jurisdiction by this Act. The commission shall exercise only those powers which are necessarily and properly incident to its function as a policy-making or rule-making body or which are necessary to compel enforcement of its adopted resolutions or ordinances, and any power or combination of powers vested in the commission by this Act shall be subject to the limitations provided in Section 17 of this Act. The following powers are hereby vested in the commission: (1) To levy taxes; (2) To make appropriations; (3) To fix the rates of all other charges; (4) To authorize the incurring of indebtedness; (5) To authorize work to be done where the cost is to be assessed against benefited property and to fix the basis for such assessment; (6) To establish, alter, or abolish public roads, private ways, bridges, and ferries, according to law, but the chairman shall have the authority to accept subdivision plats when the requirements established by the commission for subdivisions have been met;

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(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 implementing the Carroll County Future Land Use 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 they 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, together with the chairman of the board of commissioners, all powers now or hereafter vested in county governing authorities by the Constitution and general laws of this state; (17) To fix, levy, and assess license fees, charges, or taxes on all persons, firms, and corporations engaging in or offering to engage in any trade, business, calling, avocation, or profession in the area of Carroll County, outside the incorporated limits of municipalities situated therein, except businesses which are subject to regulation by the State Public Service Commission, and to classify all such persons, firms, and corporations according to the nature, manner, and size of business conducted by such persons,

Page 3552

firms, and corporations and to fix, levy, and assess different license fees, charges, or taxes against different classes of trades, businesses, callings, avocations, or professions. Such licenses shall be issued, annually or otherwise, and may be revoked, cancelled, or suspended after notice and a hearing, in accordance with rules prescribed by the commission. Said commission shall be further authorized to adopt ordinances and resolutions to govern and regulate all such trades, businesses, callings, avocations, or professions, not contrary to regulations prescribed by general law, for the purpose of protecting and preserving the health, safety, welfare, and morals of the citizens of said county and to prescribe penalties for the violation of any such ordinances and resolutions, including the operation of such businesses without the obtaining of a license or when such license is revoked or suspended. Payment of said license fees, charges, or taxes may be enforced by fi. fas. issued by the commission and levied by any officer in said county authorized by law to levy fi. fas. for taxes, assessments, fines, costs, or forfeitures due said county. The commission shall be authorized, in its discretion, to require any and all persons, firms, or corporations licensed pursuant to the authority herein granted to give a bond payable to Carroll County and conditioned to pay said county or anyone else, suing in the name of said county and for their use, for injuries or damages received on account of dishonest, fraudulent, immoral, or improper conduct in the administration of the business so licensed, such bond to be fixed and approved by the commission. Such license fees, charges, or taxes shall be in addition to all other taxes or assessments heretofore or hereafter levied by said county, and all funds received from same shall be paid into the county depository as general funds of said county; (18) To adopt rules regulating the operation of the commission; (19) To adopt a civil service system covering county employees and employees of elected county officers pursuant to Article IX, Section I, Paragraph IV of the 1983 Constitution of the State of Georgia; (20) To take any action permitted by Article IX, Section II, Paragraph III of the 1983 Constitution of the State of Georgia;

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(21) To make contributions for purely charitable public purposes; (22) To authorize all contracts, except for contracts of employment, involving the expenditure of county funds in excess of $12,500.00; (23) To undertake and carry out community redevelopment programs pursuant to Article IX, Section II, Paragraph VII of the 1983 Constitution of the State of Georgia; and (24) To make appointments from recommendations of the chairman to independent boards, agencies, and bodies. (b) In addition to the powers enumerated in subsection (a) of this section, the commission may adopt all such ordinances or regulations as it may deem advisable, not in conflict with the general laws of this state and of the United States, for the governing and policing of the county for the purpose of protecting and preserving the health, safety, welfare, and morals of the citizens of the county and for the implementation and enforcement of the powers and duties of the commission, within the classes of subjects and areas of regulation enumerated below: (1) To control and regulate the operation of and running of bicycles, automobiles, motorcycles, motor scooters, buses, taxicabs, trucks, wagons, and any and all kinds of vehicles operated in, upon, over, and across the roads, streets, lanes, alleys, sidewalks, parks, plazas, squares, and public places in said county and outside the corporate limits of municipalities situated therein, whether such vehicles are propelled by hand, foot, animal, steam, electric, gasoline, or other motive power; to prescribe and fix speed limits and speed zones for all of the enumerated vehicles; to erect stop and warning signs and signals at dangerous intersections or places and at schools or other public places; to prescribe and establish lanes and directional signs, signals, and markings to control the direction or flow of traffic for all such vehicles, including limitation of travel to one direction and including markings, signals, and devices to control and regulate the manner of turning at intersections; to regulate and control, as well as to prohibit entirely, the parking,

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stopping, and standing of all such vehicles on or adjacent to such streets and public places; to impound such vehicles involved in violations of traffic ordinances or regulations; to restrict and limit the size and weight of all such vehicles operated on such streets and public places; to regulate and establish routes to be followed by trucks and other heavy or slow-moving vehicles; to regulate and control, by permits or otherwise, and to prohibit entirely, the times, routes, and manner of conduct of parades, motorcades, and other assemblages of all such vehicles, and public address systems or other noise-making devices on such streets and public places; to regulate and control the manner of operation of all such vehicles along, over, and across all such streets and ways so as to prohibit and prevent the careless and reckless operation of same in such manner as would be hazardous to persons or property; to regulate and control in any and all of the foregoing respects all travel by pedestrians and equestrians along, over, and across such streets, ways, and public places; and to do any and all things to provide for the safety of persons and property using such roads, streets, lanes, alleys, sidewalks, parks, plazas, squares, and public places and of persons and property situated adjacent thereto; and any and all things necessary or incident to accomplishment of any of the foregoing powers, including the authority to require registration of the enumerated vehicles and of their owners and to prescribe standards of mechanical safety for such vehicles and qualifications of operators thereof. To carry out all or any of the foregoing powers, the commission is hereby authorized to adopt as county ordinances all or such portions of Chapter 6 of Title 40 of the O.C.G.A., known as The Uniform Rules of the Road, as to the commission may seem appropriate and the State Court of Carroll County may punish for violations thereof by fines or imprisonment or both not to exceed the limits set forth in Title 40 of the O.C.G.A., or in subsection (c) of this section, or in the ordinance adopting same; and the commission may adopt other additional ordinances and regulations, not in conflict with Title 40 of the O.C.G.A., and prescribe punishment for violation of same not to exceed the limits set forth in subsection (c) of this section; (2) To adopt rules and regulations for the promotion of health and quarantine in the unincorporated area of said

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county, as are authorized by law or not inconsistent with general laws or regulations of the State Department of Human Resources or the Carroll County Board of Health, and to prescribe penalties and punishment for violations thereof. It is not the purpose or intent of this paragraph to interfere with or restrict the operation of the Carroll County Board of Health within the unincorporated area of Carroll County, but to provide for the implementation of same through the ordinances of the commission, and to promote more adequate health and quarantine provisions in said county, and to that end the commission is authorized to adopt all or any portion of the regulations of said Carroll County Board of Health, as the same may be amended from time to time, and to prescribe additional regulations not inconsistent therewith, and to prescribe penalties and punishment for violation of any such ordinances and regulations, which penalties and punishments may be enforced and imposed by the magistrate or State Court of Carroll County or other court having jurisdiction over offenses against county ordinances. Said health and quarantine powers shall extend to and embrace the health and quarantine of animals as well as persons; (3) To prevent dogs, horses, mules, cattle, hogs, sheep, goats, chickens, and all other animals, or any one or more kinds of such animals, from running at large in the unincorporated area of said county; to prevent the keeping of any animal or animals or to regulate the manner and numbers in which they may be kept; to take up and impound any of such animals and to punish all owners or other persons keeping animals for failure or refusal to obey any such ordinance and to fix penalties and charges to be paid for release of such impounded animals; to provide for the sale or disposition of unclaimed animals impounded; to levy and collect a tax upon dogs kept in said county and to provide for registration of dogs; and to do any and all things necessary to carry out the purposes of this paragraph for the public interest; (4) To prescribe penalties and punishment for the violation of zoning ordinances, building codes (including electrical, plumbing, heating, and air conditioning regulations), and all other lawful ordinances adopted by the commission pursuant to this or any other law in force in said county;

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(5) To provide ordinances for the preservation and protection of county property and equipment and the administration and use of county facilities, such as parks, playgrounds, and swimming pools, by the public, and to prescribe penalties and punishment for violations thereof; (6) To prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting, and to prescribe penalties and punishment for violation thereof; (7) To prohibit or regulate and control the erection and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads within the unincorporated area of said county, and to prescribe penalties and punishment for violation of such ordinances; and (8) To adopt ordinances and regulations for the prevention of idleness, loitering, vagrancy, disorderly conduct, public drunkenness, and disturbing the peace in the unincorporated area of said county and to prohibit the playing of lotteries therein, and to prohibit or regulate such other conduct and activities within said area of Carroll County which, while not constituting an offense against the general laws of this state, is deemed by the commission to be detrimental and offensive to the peace, good order, and dignity of Carroll County and to the welfare and morals of the citizens thereof. (c) The commission is hereby authorized to adopt ordinances prescribing penalties and punishment for violation of any and all ordinances adopted by the commission to carry out any of the provisions of this section or other provisions of this Act or of any other law, and to prescribe maximum penalties and punishment for violation of same, except that the same shall in no event exceed a fine of $1,000.00 or imprisonment in the county jail for 60 days or both such fine and imprisonment. (d) The chairman shall have the authority to exercise all of the powers set forth in this section until such time as the other members of the commission take office pursuant to the provisions of Section 3.

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Section 9. Audits. The commission may have the books and the accounts of the tax commissioner, custodian of all county funds, sheriff, commissioner, and such other officers as may be necessary audited annually by a certified public accountant of this state who shall be paid from county funds. Said audit shall be filed in the office of the chairman of the Board of Commissioners of Carroll County and shall at all times be subject to inspection by any citizen or taxpayer of said county. A summary of said audit shall be published in the official organ of Carroll County within 30 days after it shall have been completed. Section 10. Vice chairman. (a) At the first regular meeting in January of each year, the commission shall elect from its membership a vice chairman. The member serving as vice chairman shall retain all rights, powers, and duties as a member of the commission. (b) The vice chairman shall preside at meetings of the commission, in the absence of the chairman of the board of commissioners. Section 11. Meetings. The commission shall hold regular evening meetings on the first Tuesday of each month at the county seat, unless changed by a majority vote of the commission, which meetings shall be open to the public, and may hold such additional meetings as shall be necessary when called by the chairman, or any four members of the commission, but all members shall be notified in advance of any such additional meeting as required by law. No official action shall be taken by the commission except in a meeting which is held in compliance with Chapter 14 of Title 50 of the O.C.G.A, relating to open meetings. Any five members of the commission shall constitute a quorum, except that a lesser number shall be sufficient to recess or adjourn any meeting; but no official action shall be taken except upon the affirmative vote of at least four members of the commission. Section 12. Powers and duties of the chairman. (a) The chairman shall have the exclusive power to supervise, direct, and control the administration of the county government. The chairman shall carry out, execute, and enforce the ordinances, policies, rules, and regulations of the commission when such ordinances, policies, rules, and regulations become effective. Members of the commission shall deal solely through the chairman in all matters concerning the

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operation, supervision, and administration of the various departments, offices, and agencies of the county government. No member of the commission shall directly or indirectly order, instruct, or otherwise attempt to control the actions of county personnel subject to the administrative and supervisory control of the chairman. (b) The chairman shall have the power to propose changes in, consolidation of, or creation or abolishment of any departments, agencies, or offices over which the chairman exercises supervision and control. (c) Subject to confirmation by the commission, the chairman shall appoint the county attorney. Within budgetary limitations, the chairman shall fix the compensation of the county attorney. The county attorney shall thereafter serve at the pleasure of the chairman and may also be discharged by the affirmative vote of at least six members of the commission. (d) Subject to budgetary limitations and Carroll County merit system regulations, the chairman shall have exclusive authority to appoint, remove, and fix the compensation of all employees and officials of the county. The appointment, removal, and compensation of persons filling offices and positions created by state statutes, when not otherwise prescribed by such statutes, shall be made and fixed by the chairman within budgetary limitations. (e) The chairman of the board of commissioners may, at such officer's discretion, preside at any regular or specially called meeting of the commission and may vote on all matters before the commission for a vote. The chairman may convene special meetings of the commission when deemed necessary, but all members shall be notified in advance of any such special meeting as required by law. (f) The chairman may compel the attendance of members at meetings of the commission by subpoena, when deemed necessary, subject to the policy of the commission as established by its rules. (g) The chairman shall have power to investigate the affairs, records, and expenditures of the various authorities, boards, councils, commissions, committees, and similar bodies or agencies, whether created by ordinance of the commission or by Acts of the General Assembly, relating to the affairs of the county and to report thereon to the commission.

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(h) The chairman shall represent the county in inter-governmental matters and shall seek to promote and improve the government of the county and encourage the growth of the county and promote and develop the prosperity and well-being of the citizens of the county. (i) The chairman, within 120 days after the close of each fiscal year, shall prepare and submit to the commission a complete annual report on the financial affairs and activities of the county for the immediately preceding fiscal year. The annual report shall show all income from all sources, including state, county, and federal funds, and all expenditures. The chairman shall cause a summary of said annual report to be published in the official organ of Carroll County. Said publishing summary shall state that a copy of the full report is available from the office of the chairman. The chairman shall also send copies of the full report to each branch of the county library. The chairman shall also make financial reports during the year as may be required by the commission. (j) The chairman shall devote full time to the duties of the office and shall have no other source of employment. (k) The chairman may recommend, at any time, to the commission for its formal consideration such measures or proposals as are deemed necessary or desirable to improve the administration of the affairs of the county. (l) The chairman shall issue calls for agenda items and shall prepare and publish a listing of those items and the same shall serve as the agenda for the commission unless superseded by the commission. Section 13. Reserved. Section 14. Budgeting; control of expenditures. (a) The county will comply with Chapter 81 of Title 36 of the O.C.G.A., relating to local government budgets and audits, as well as the following provisions of this section. (b) The chairman shall serve as budget officer for the county. The chairman shall submit to the board not later than the regular May meeting of each year a revenue estimate for the following year and a proposed budget governing the expenditures of all funds

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expected to be available to the county for the following calendar year and shall include proposed expenditures for capital outlay and public works projects. The chairman shall submit to the commission at the time the proposed budget is submitted a report containing information relating to the financial affairs of the county which is relevant to establishing the annual budget. (c) At the time the proposed budget is submitted to the commission, the chairman shall cause to be published in the official organ of Carroll County a copy of the proposed budget along with the public notices required by subsection (e) of Code Section 36-81-5 of the O.C.G.A. It shall be the duty of the commission to hold a meeting at the time and place specified in the notice for the purpose of conducting such public hearing. The commission shall review the proposed budget at such public hearing and may adopt the same as submitted by the chairman or make such amendments thereto as the commission may deem necessary to maintain the county in sound financial condition. The commission may continue the hearing on the proposed budget from time to time, but the time of and the place where the hearing is continued shall be publicly announced at the previous hearing. The commission shall adopt the proposed budget as submitted or as amended by the commission as the budget for the county for the following calendar year by not later than June 30. (d) The final budget adopted by the commission shall constitute the commission's appropriations of all funds for the calendar year covered by the budget. The budget may be amended during the calendar year which it covers upon the commission taking formal action for such purpose at a regular meeting of the commission. Prior to taking such action, the commission shall cause to be published in the official organ of Carroll County a notice setting forth the proposed changes in the budget and a summary of the reasons therefor. Said notice shall also state the time and place of the regular meeting of the commission at which action to amend the budget is to be taken. Said notice shall be published at least ten days prior to the date of the meeting. No increase in appropriations shall be made without provision also being made to finance such increase. (e) A copy of the final budget adopted by the commission and any amendment to or revision of the budget shall be transmitted by the chairman to the grand jury of the Superior Court of Carroll County then in session.

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(f) No expenditure of county funds shall be made except in accordance with the county budget, or amendments thereto, adopted by the commission. The chairman shall enforce compliance with this requirement by all departments, offices, or agencies of the county government, including elected county officers, and to this end shall institute a system of quarterly allotments of all moneys appropriated and budgeted. Section 15. Clerk. Subject to confirmation by the commission, the chairman is authorized to appoint a clerk of Carroll County. Any citizen of said county, other than a commissioner, shall be eligible to hold said office of clerk of said commission and shall receive a salary for his services to be fixed by the commission, which salary shall be paid in equal monthly installments. Said clerk before entering upon his duties shall give bond, with some responsible surety company authorized to do business in Georgia, as his surety, in the sum of $50,000.00, to be approved by the commission, the premium on said bond to be paid by the county, payable to the judge of the probate court of said county and his successors in office and conditioned upon the faithful performance of his duties as such clerk and to account for any and all funds, property, or effects which may come into his hands as such clerk or otherwise, which said bond shall be filed with the judge of the probate court of said county and recorded on his minutes and may be sued on in like manner as the bond of the commissioners. He shall keep minutes of all meetings of said commission, an inventory of all properties, and such books and records as may be required of him by the commission and do such other acts and things as may be required of him by law or by the commission. Section 16. Records; minutes. The clerk of the commission shall keep a proper and accurate book of minutes wherein shall appear all the acts, orders, and proceedings of the commission, in chronological order. The minute books of the commission shall be open to public inspection at all times during the regular office hours, and certified copies of any entries therein shall be furnished by said clerk to any person requesting same upon payment of a reasonable fee, to be paid into the county treasury as other funds, to be assessed by the commission in an amount sufficient to defray the cost of preparing same. Section 17. Limitations on powers. No power or combination of powers vested in the commission by Section 8 or any other provision of this Act may be exercised in any manner to amend,

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change, supersede, or repeal, directly or indirectly, any powers vested in the chairman by this Act. Section 18. Commission districts. (a) For purposes of the election of members of the board of commissioners, Carroll County is divided into six commission districts as provided in subsection (d) of this section. (b) For purposes of this section, the terms, Tract, Block, and Block Group shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia. (c) Any part of Carroll County which is not included in any commission district described in subsection (d) of this section shall be included in this district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia. (d) Said commission districts shall consist of the following territory: Commission District 1 Carroll Tract 9903 Blocks 514, 515, and 517 within the City of Carrollton Tract 9904 Blocks 220, 221, 241 through 245, 251, and 252 Blocks 301, 302, 304 through 308, 310 through 321, and 330 Blocks 401 through 404, 409, 426 through 431, and 434 Block Group 5 Tract 9906 Blocks 308 and 311 through 315 Tract 9907 Blocks 104 through 130 Block 202

Page 3563

Commission District 2 Carroll Tract 9901 Tract 9902 Block 105 that portion lying north of an unnamed creek running between county roads 824 and 422 Blocks 101 through 104 Blocks 301 through 328 Tract 9903 Block 501 Commission District 3 Carroll Tract 9903 Block Groups 1 through 4 Blocks 503 through 513 Block 514 outside the City of Carrollton Block 516 Block 517 outside the City of Carrollton Blocks 518 through 521 Tract 9904 Blocks 101 through 111 and 116 Block 117 that part lying north and west of an unnamed creek running between county roads 736 and 181 Blocks 201 through 219, 222 through 240, 246 through 250, and 253 Blocks 303, 309, and 322 through 324 Tract 9905 Block Group 1 Blocks 201 through 228, 242, and 243 Commission District 4 Carroll Tract 9902

Page 3564

Blocks 110 through 113, 120, and 129 through 134 Block Group 2 Tract 9903 Block Group 6 Tract 9904 Blocks 405 through 408, 410 through 425, and 433 Block 435 within the City of Carrollton Tract 9906 Blocks 201 through 203 Blocks 301 through 307, 309, 310, 316 through 319, and 321 through 352 Blocks 401 through 406, 422, and 423 Tract 9907 Blocks 101 through 103 Blocks 201, 203, and 204 Block 208 that portion lying north and west of an unnamed creek running between county roads 568 and 564 Blocks 209 through 211 and 226 through 228 Commission District 5 Carroll Tract 9902 Block 105 that portion lying south of an unnamed creek running between county roads 824 and 422 Blocks 106 through 109, 114 through 119, and 121 through 128 Blocks 329 through 345 Tract 9903 Block 502 Block 515 outside the City of Carrollton Block 522 Tract 9906 Block Group 1 Blocks 204 through 216 Block 413

Page 3565

Tract 9907 Blocks 205 through 207 Block 208 that portion lying south and east of an unnamed creek running between county roads 564 and 568 Blocks 212 through 225 and 229 through 231 Block Groups 3 through 5 Commission District 6 Carroll Tract 9904 Blocks 112 through 115 Block 117 that portion lying east of an unnamed creek running between county roads 198 and 147 Blocks 118 through 126 Blocks 325 through 328 Block 435 outside the City of Carrollton Blocks 436 through 439, 444, and 445 Tract 9905 Blocks 230 through 241 Block Groups 3 through 5 Tract 9906 Blocks 407 through 412, 414, and 416 through 421 Section 19. An Act creating the office of commissioner of Carroll County, approved March 29, 1983 (Ga. L. 1983, p. 4656), is repealed in its entirety. Section 20. In the event any provision of this Act is held unconstitutional or cannot be implemented under the federal Voting Rights Act of 1965, the remaining provisions of this Act shall remain valid and of full force and effect. Section 21. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. The provisions of this Act relating to election of the members of the commission shall be implemented as soon after said effective date as is reasonably practicable under the federal Voting

Page 3566

Rights Act of 1965 and Title 21 of the O.C.G.A., the Georgia Election Code. Section 22. 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 1989 session of the General assembly of Georgia, a bill to repeal an act creating the Office of Carroll County Commissioner (Ga. L. 1983, p. 4656), as amended, and to create the Board of Commissioners of Carroll County, and to establish the duties, compensation, and authority of said Board and for other purposes. This 7th day of January, 1989. Wayne Garner, Senator, 30th District. Charles Thomas, Representative, 69th District. John Simpson, Representative, 70th District. 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: 1-7.

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Sworn to on the 10 day of January, 1989. /s/ James W. Whitt, Jr. Publisher Sworn to and subscribed before me on the 10 day of January, 1989 /s/ Kathy Horton Notary Public My Commission Expires April 23, 1990 (SEAL) Approved February 28, 1989. HALL COUNTYSTATE COURT; JUDGE; SOLICITOR; COMPENSATION. No. 19 (Senate Bill No. 266). AN ACT To amend an Act creating the State Court of Hall County, approved August 14, 1891 (Ga. L. 1890-91, Vol. II, p. 939), as amended, so as to change the compensation provisions relating to the judge and the solicitor of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the State Court of Hall County, approved August 14, 1891 (Ga. L. 1890-91, Vol. II, p. 939), as

Page 3568

amended, is amended by striking subsection (a) of Section 2A in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) The judge of the State Court of Hall County shall receive an annual salary equal to 90 percent of the gross salary as defined in subsection (b) of this section. Section 2. Said Act is further amended by striking subsection (a) of Section 2B in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) The solicitor of the State Court of Hall County shall receive an annual salary equal to 90 percent of the gross salary as defined in subsection (b) of this section. 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 1989 session of the General Assembly of Georgia a bill to amend an Act providing a salary increase for the Judge of the State Court and Solicitor of the State Court of Hall County, as amended; and for other purposes. This 13th day of January, 1989. J. Nathan Deal, Bobby Lawson, Jerry Jackson, E. Wycliffe Orr.

Page 3569

GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Nathan Deal, who, on oath, deposes and says that he is Senator from the 49th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times which is the official organ of Hall County, on the following date: January 19, 1989. /s/ J. Nathan Deal Senator, 49th District Sworn to and subscribed before me, this 27th day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (Seal). Approved February 28, 1989. MONROE COUNTYSUPERIOR COURT; CLERK; ANNUAL SALARY IN LIEU OF FEES. No. 23 (Senate Bill No. 253). AN ACT To place the clerk of the Superior Court of Monroe County upon an annual salary in lieu of the fee system of compensation; to provide the manner in which such salary shall be fixed; to provide for personnel within the clerk's office; to provide for budgets; to provide

Page 3570

for arbitration concerning budget disputes; to provide for the disposition of fees; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. After the effective date of this Act, the clerk of the Superior Court of Monroe County shall be compensated by an annual salary, to be fixed as provided for in this Act, in lieu of the fee system of compensation or in lieu of the fee system of compensation supplemented by a salary which may be in effect for said officer. Except as herein provided the annual salary provided for in this Act shall be in lieu of all fees, costs, fines, forfeitures, commissions, emoluments, and perquisites of whatever kind heretofore allowed as compensation to the clerk, regardless of the capacity in which services for such fees, costs, fines, forfeitures, commissions, emoluments, or perquisites were rendered. Nothing in this section shall be construed to prevent said officer from receiving any retirement in addition to any salary which such officer has been paid during his or her tenure of office. Section 2. Except as hereinafter provided the clerk of the Superior Court of Monroe County shall receive for his or her services as clerk of the superior court that minimum annual salary provided for in Code Sections 15-6-88 through 15-6-92 of the O.C.G.A., relating to minimum salaries for the clerks of the superior courts of this state. In the event that the person occupying the office of clerk of the Superior Court of Monroe County on January 1, 1989, shall have served in that capacity for four years or more, the annual salary of such clerk shall be $36,000.00, payable in equal biweekly installments. All per diem pay for services as clerk to the board of jury commissioners of Monroe County shall be in addition to said annual salary as clerk of the superior court. Section 3. The Board of Commissioners of Monroe County shall have the authority to fix the salary of the clerk of the superior court at an amount equal to or greater than, but not less than, the amount specified in Section 2 of this Act. Section 4. Notwithstanding the provisions of Sections 1 and 5 of this Act, all fees, costs, fines, forfeitures, commissions, allowances, penalties, funds, moneys, payments into any retirement

Page 3571

system, and all other emoluments which have accrued to the clerk at the time this Act becomes effective and to which said officer is entitled and which remain uncollected at the time this Act becomes effective shall when collected be retained by the clerk. He or she shall, however, report the collection of any such fees to the governing authority of Monroe County annually. Section 5. All fees, costs, fines, forfeitures, commissions, emoluments, and perquisites of whatever kind provided by laws for services rendered by the clerk shall be charged and collected by said officer and shall be held by him or her as county funds. On or before the fifteenth day of each month, the clerk shall pay over to the fiscal authority of Monroe County all such funds as shall have been collected by him or her for the county during the immediately preceding calendar month. The clerk shall keep such books and records as may be prescribed by the governing authority of Monroe County and all such records shall be open to the inspection of the public, the governing authority of Monroe County, and the auditors of such governing authority at all times during the hours for which said office is open for business. Section 6. The necessary operating expenses of the office of the clerk of the Superior Court of Monroe County, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, uniforms, vehicles, and equipment and the repair, replacement, and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the discretion of the clerk of the superior court and the governing authority of Monroe County. Section 7. The clerk of the superior court shall have the authority to appoint such deputies, clerks, assistants, and other personnel as he or she shall deem necessary to discharge efficiently and effectively the official duties of his or her office. The clerk shall, at least 90 days before the first day of January of each year, beginning with January, 1990, recommend to the governing authority of Monroe County the number of such personnel needed by his or her office, together with the suggested compensation to be paid each employee, and a proposed budget covering the costs of operating said office for

Page 3572

the next ensuing year. It shall be within the sole power and authority of the clerk, during his or her respective term of office, to designate and name the person or persons who shall be employed as deputies, clerks, assistants, or other employees and to prescribe their duties and assignments and to remove or replace any of such employees at will and within his or her sole discretion. Section 8. In the event the governing authority of Monroe County shall refuse or fail to approve the budget or any individual budgeted item therein by the fifteenth day of November after receiving the budget, the clerk shall be authorized to appeal to an arbitration committee composed of the chief judge of the Superior Court of Monroe County, the chairman of the Board of Commissioners of Monroe County, and the foreman of the grand jury sworn for the November term of the superior court in Monroe County. Said committee shall then fix the budget or any disputed salary or salaries and all other matters included in said appeal. The determination made by said committee shall be final. Section 9. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 10. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION: Notice is hereby given that there will be introduced for passage at the 1989 Session of the General Assembly of Georgia, a local bill as follows: A BILL TO BE ENTITLED AN ACT to place the Clerk of the Superior Court of Monroe County upon an annual salary in lieu of the fee system of compensation; to provide the manner in which such salary shall be fixed; to provide for personnel within the Clerk's office; to provide for budgets; to provide for arbitration concerning budget disputes; to provide for the disposition of fees; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 3573

This 7th day of January, 1989. /s/William F. Harris, Sr. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William F. Harris, Sr., who, on oath, deposes and says that he is Senator from the 27th 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 11, 1989. /s/ William F. Harris, Sr. Senator, 27th District Sworn to and subscribed before me, this 2nd day of February, 1989. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires: Dec. 11, 1992 Approved February 28, 1989.

Page 3574

LOWNDES COUNTY MOTOR VEHICLE REGISTRATION PERIODS. No. 24 (House Bill No. 297). AN ACT To provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Lowndes 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, 1990, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Lowndes 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 1989 session of the General Assembly of Georgia a bill to provide for staggered motor vehicles registration periods in Loundes County; and for other purposes. This 6th day of January, 1989. James M. Beck Representative District 148

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GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James M. Beck, who, on oath, deposes and says that he is Representative from the 148th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Valdosta Daily Times which is the official organ of Lowndes County, on the following date: January 13, 1989. /s/ James M. Beck Representative, 148th District Sworn to and subscribed before me, this 17th day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 1, 1989. LOWNDES COUNTY BOARD OF COMMISSIONERS; COMPENSATION. No. 25 (House Bill No. 621). AN ACT To amend an Act creating the board of commissioners of Lowndes County, approved February 12, 1945 (Ga. L. 1945, p. 639), as amended, particularly by an Act approved March 18, 1985 (Ga. L.

Page 3576

1985, p. 3794), so as to change the provisions relating to the compensation of the members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the board of commissioners of Lowndes County, approved February 12, 1945 (Ga. L. 1945, p. 639), as amended, particularly by an Act approved March 18, 1985 (Ga. L. 1985, p. 3794), is amended by striking Section 4 in its entirety and substituting in lieu thereof a new Section 4 to read as follows: Section 4. (a) The chairman of the board shall be compensated in the amount of $14,000.00 per annum; the vice chairman of the board shall be compensated in the amount of $11,500.00 per annum; and each of the other members of the board shall be compensated in the amount of $10,500.00 per annum. The compensation of each such official shall be paid in equal monthly installments from the funds of Lowndes County. (b) In addition to the compensation provided for in subsection (a) of this section, the chairman and any other member of the board shall be reimbursed for actual expenses incurred when traveling outside the county in the discharge of duties as members of the board. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE GEORGIA, LOWNDES COUNTY. NOTICE IS HEREBY GIVEN that there will be introduced at the 1989 Session of the General Assembly of Georgia local legislation to increase the compensation of the members of the Board of Commissioners of Lowndes County, Georgia.

Page 3577

This 23rd day of January, 1989. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James M. Beck, who, on oath, deposes and says that he is Representative from the 148th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Valdosta Daily Times which is the official organ of Lowndes County, on the following date: January 27, 1989. /s/ James M. Beck Representative, 148th District Sworn to and subscribed before me, this 30th day of January, 1989. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved March 1, 1989.

Page 3578

LOWNDES COUNTY BOARD OF EDUCATION; NUMBER OF MEMBERS; DISTRICTS; ELECTIONS; VACANCIES; REFERENDUM. No. 26 (House Bill No. 295). AN ACT To provide for the number of members and for the election of members of the Board of Education of Lowndes County; to provide for education districts; to provide the manner of electing members of said board; to provide for filling vacancies; 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) The Board of Education of Lowndes County, hereafter in this Act referred to as the board shall be composed of seven members to be elected as provided in this Act. For the purpose of electing members of the board, the Lowndes County School District shall be divided into seven education districts as follows: Education District 1 Lowndes Tract 9901 Blocks 101 through 114 and 133 through 150 Blocks 207 through 210, 212, and 226 through 231 Block 901 Tract 9902 Block 417 That part of Block 437 lying north of Myers Bluff Road extended to the county line

Page 3579

Education District 2 Lowndes Tract 9901 Blocks 115 through 132 Tract 9902 Block Groups 1 through 3 Blocks 401 through 403, 406 through 416, 418 through 427, and 436 That part of Block 437 lying south of Myers Bluff Road extended to the county line Education District 3 Lowndes Tract 9902 Blocks 404, 405, 428 through 435, and 438 through 449 Tract 9904 Block 144 Tract 9908 Those parts of Blocks 107, 108, 129, 130, and 131 outside the City of Valdosta That part of Block 210 outside the City of Valdosta Blocks 301 through 315 Tract 9911 Those parts of Blocks 121 and 123 outside the City of Valdosta Tract 9912 Those parts of Blocks 101 through 105 outside the City of Valdosta Blocks 106 through 109 That part of Block 110 outside the City of Valdosta Blocks 111 through 114, 116 through 118, and 120 through 129 That part of Block 130 outside the City of Valdosta Blocks 132 through 141 That part of Block 142 outside the City of Valdosta Blocks 143 through 147

Page 3580

Blocks 201 through 204 That part of Block 205 outside the City of Valdosta Blocks 301 through 309, 311 through 313, and 344 through 349 Education District 4 Lowndes Tract 9911 Blocks 319 and 320 Those parts of Blocks 321, 340, and 342 outside the City of Valdosta Those parts of Blocks 411 through 413 outside the City of Valdosta Blocks 414 through 432 Tract 9912 Blocks 210 and 213 through 223 That part of Block 224 outside the City of Valdosta Blocks 225 through 229 Blocks 310, 314 through 317, 322 through 343, 350 and 351 Block Group 4 Tract 9913 Blocks 328 and 329 Blocks 440 and 442 through 451 Education District 5 Lowndes Tract 9912 Blocks 318 through 321 Tract 9913 Block Groups 1 and 2 Blocks 301 through 327 and 330 through 350 Blocks 401 through 439

Page 3581

Education District 6 Lowndes Tract 9901 Blocks 201 through 206, 211, and 216 through 225 Tract 9903 Block Group 1 Block 217 That part of Block 218 outside the City of Valdosta Blocks 219 through 237 That part of Block 238 outside the City of Valdosta Blocks 239 through 250 Block Group 3 Tract 9910 That part of Block 102 outside the City of Valdosta That part of Block 238 outside the City of Valdosta Tract 9911 Those parts of Blocks 331 and 336 through 339 outside the City of Valdosta Blocks 345 and 346 That part of Block 347 outside the City of Valdosta Blocks 348 through 350 Blocks 401 through 410 Education District 7 Lowndes Tract 9901 Blocks 213 through 215 and 232 through 251 Tract 9903 Block 150 Blocks 201 and 203 through 216 Tract 9904 Those parts of Blocks 101 and 110 outside the City of Valdosta Blocks 111 through 118

Page 3582

Those parts of Blocks 119 through 122 and 131 outside the City of Valdosta Blocks 132 and 133 Those parts of Blocks 134 and 135 outside the City of Valdosta Blocks 146 and 147 Those parts of Blocks 148 through 151 outside the City of Valdosta Blocks 152 and 153 Those parts of Blocks 154 through 156 outside the City of Valdosta Tract 9905 Those parts of Blocks 101, 102, 106, and 110 outside the City of Valdosta Block 111 Those parts of Blocks 112, 114, 116, and 117 outside the City of Valdosta blocks 118 through 124 Those parts of Blocks 125 through 128 outside the City of Valdosta Blocks 129 and 130 Those parts of Blocks 131 and 133 outside the City of Valdosta Tract 9906 That part of Block 125 outside the City of Valdosta (b) For the purposes of this section: (1) The terms Tract, Block Group, and Block shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia. (2) Whenever the description of any education district refers to a named city, it means 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. (c) Any portion of the Lowndes County School District which is not included in an education district described in this section shall be included within that district contiguous to such portion

Page 3583

which contains the least population according to the United States decennial census of 1980 for the State of Georgia. No territory within the territorial boundaries of any independent school district shall be included within the boundaries of any of said education districts. Section 2. (a) Candidates offering for election to said board shall designate the education district for which they are offering. No person shall be eligible as a candidate for election to said board unless such person shall have been a resident of the education district for which such person is offering at least one year immediately preceding the date of the election. If members of the board move their residences from the education districts which they represent, their respective positions on the board shall thereby become vacant. Candidates shall be elected by a majority of the qualified electors voting within their respective education districts. (b) Except for the special election provided for in subsection (a) of Section 3 of this Act, the members of the board shall be nominated and elected at nonpartisan primaries and elections. The nonpartisan primaries and elections shall be held on the same respective dates as the general primaries and general elections in the years during which general primaries and general elections are held. Except for being elected from education districts as provided in this Act, each member of the board shall be nominated and elected at said nonpartisan primaries and elections in the same manner and subject to the same procedures and requirements as judges of state courts are nominated and elected in nonpartisan primaries and elections as provided in the applicable provisions of Chapter 2 of Title 21 of the O.C.G.A., the Georgia Election Code. Section 3. (a) The first members of the board from Education Districts 1, 2, 3, 5, and 6 shall be elected at a special election to be held on the same date as the general election in 1990. Said special election shall be held and conducted in accordance with the applicable provisions of Chapter 2 of Title 21 of the O.C.G.A., the Georgia Election Code. The members elected from Education Districts 1,2,3, and 5 shall take office on January 1, 1991, for terms of four years. The member elected from Education District 6 shall take office on January 1, 1991, for a term of two years. The successors to such members shall be elected as provided in subsections (c) and (d) of this section.

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(b) For the period beginning on January 1, 1991, and ending on December 31, 1992, the board shall consist of the five members elected under subsection (a) of this section and the two incumbent members of the previously existing Board of Education of Lowndes County whose regular terms of office expire on December 31, 1992. Incumbent member Dave Clark shall be deemed to be the member from Education District 4 and incumbent member David Branch shall be deemed to be the member from Education District 7. (c) At the nonpartisan primary and election provided for in Section 2 of this Act held in 1992, the members from Education Districts 4, 6, and 7 shall be elected for terms of four years beginning on January 1, 1993. Thereafter, their successors and future successors shall be elected as provided in Section 2 of this Act at the election immediately preceding the expiration of terms of office and shall take office on the first day of January immediately following their election for terms of four years. (d) At the nonpartisan primary and election provided for in Section 2 of this Act held in 1994, the members from Education Districts 1, 2, 3, and 5 shall be elected for terms of four years beginning on January 1, 1995. Thereafter, their successors and future successors shall be elected as provided in Section 2 of this Act at the election immediately preceding the expiration of terms of office and shall take office on the first day of January immediately following their election for terms of four years. (e) All members of the board shall serve until their successors are elected and qualified. Section 4. In the event a vacancy occurs in the membership of the board by death, resignation, removal of residence from the education district from which elected, or for any other reason, such vacancy shall be filled as provided in Code Section 20-2-54.1 of the O.C.G.A. Section 5. The Board of Education of Lowndes County provided for in this Act shall be the successor to all rights, powers, duties, and obligations of the previously existing Board of Education of Lowndes County and shall be subject to all general constitutional or statutory provisions relating to county boards of education, except as otherwise provided in this Act. The previously existing Board of Education of Lowndes County shall continue in existence as the board of education of said county until January 1, 1991.

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Section 6. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Lowndes County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Lowndes County School District for approval or rejection. The election superintendent shall conduct that election on the same date as the general primary election in 1990 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 Lowndes County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act which provides for a seven-member Board of Education of Lowndes County elected from single-member districts 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 Lowndes 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.

Page 3586

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill relative to the Board of Education of Lowndes County; to provide for a referendum; and for other purposes. This 6th day of January, 1989. James M. Beck Representative District 148 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James M. Beck, who, on oath, deposes and says that he is Representative from the 148th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Valdosta Daily Times which is the official organ of Lowndes County, on the following date: January 13, 1989. /s/ James M. Beck Representative, 148th District Sworn to and subscribed before me, this 17th day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 1, 1989.

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ELBERT COUNTY RICHARD B. RUSSELL DEVELOPMENT AUTHORITY CREATION. No. 28 (House Bill No. 893). AN ACT To create the Elbert County Richard B. Russell Development Authority and to authorize such authority to acquire, construct, equip, maintain, and operate on public property boat docks; piers; boat ramps; cabins; restaurants; motels; hotels; recreational 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; clubhouses; gymnasiums; auditoriums; and related buildings; and the usual and convenient facilities pertaining to such undertakings and extensions and improvements of such facilities, acquiring parking facilities and parking areas in connection therewith and acquiring the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities, including real property; to confer powers and to impose duties on the authority; to provide for the membership and for the appointment of members of the authority and their term of tenure and compensation; to authorize the authority to contract with others pertaining to the recreational facilities, to execute leases of such facilities, to convey title to real property in fee simple of the authority, and to do all things deemed necessary or convenient for the operation of such undertakings; to authorize the issuance of revenue bonds or obligations of the authority, payable from the revenues, tolls, fees, charges, and earnings of the authority, including, but not limited to, earnings derived from leases and income from conveyances of real property of the authority; to pay the cost of such undertakings; to authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds or obligations; to authorize the execution of trust indentures to secure the payment thereof; and to define the rights of the holders of such bonds or obligations; to provide that no debt of Elbert County shall be

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incurred in the exercise of any of the powers granted by this Act; to make the bonds or obligations of the authority exempt from taxation; to authorize the issuance of refunding bonds or obligations; to fix the venue or jurisdiction of actions relating to any provisions of this Act and to provide that such bonds or obligations be validated as authorized by general law; to provide for certain tax exemptions; to provide for conflicts of interest of officers and employees of the authority; to provide 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 may be cited as the Elbert County Richard B. Russell Development Authority Act. Section 2. Elbert County Richard B. Russell Development Authority. (a) There is created a body corporate and politic to be known as the Elbert County Richard B. Russell Development 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. Said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity, except that the authority or the trustee acting under the trust indenture shall in no event be liable for any torts committed by any of the officers, agents, and employees. The authority is 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 seven members which shall include the chairman of the Board of Commissioners of Elbert County and six members appointed by the governing authority of Elbert County. Each appointment shall be for a term of four years and until his successor is appointed and qualified or, in the case of the chairman of the Board of Commissioners of Elbert County, for his term of office in such capacity and until his successor is elected and qualified. (c) The members of the authority shall elect one of their members as chairman and another as vice chairman. They 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.

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(d) The authority may make such bylaws for its government as is deemed necessary but is under no obligation to do so. (e) Any four members of the authority shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the authority by this Act. However, no person shall be entitled to exercise or cast a proxy vote for any member. No vacancy on the authority shall impair the right of a quorum to transact any and all business as aforesaid. (f) The members shall receive no compensation for their services; but all members shall be entitled to be reimbursed for actual expenses, including travel and any other expenses, incurred while in the performance of their duties. Employees of the authority shall receive reasonable compensation, to be determined by the members of the authority, for their services. (g) A vacancy in one of the appointive positions shall be filled in the same manner as the original appointment for the remainder of the unexpired term. 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 Elbert County Richard B. Russell Development Authority created in Section 2 of this Act. (2) The word project shall be deemed to mean and include the right of the authority to meet, discuss, negotiate, cooperate, and work with the United States and its agencies and agents, the State of Georgia, and its agencies and agents, and with other counties in the State of Georgia and the State of South Carolina, their agencies and agents, for the purpose of planning and providing for shoreline development of the Richard B. Russell Dam and Lake Reservoir, to include, but not to be limited to, interests of the private and public sectors, environmental concerns, private and public boat docks and landings, rights of access, ingress and egress to and from private property and the shoreline, and any and all other matters and concerns relating to, or in any way pertaining to the development and use, public or private, of the

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shoreline and waters; and shall include the aquisition, construction, equipping, maintenance, and operation on public property of boat docks; piers; boat ramps; cabins; restaurants; motels; hotels; 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; clubhouses; gymnasiums; auditoriums; and related buildings; and the usual and convenient facilities pertaining 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 year after completion of construction; cost of engineering, architectural, fiscal, and legal expenses, plans, and specifications; 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, 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 the proceeds of revenue bonds issued under the provisions of this Act for such project. (4) The terms revenue bonds, and obligations shall mean revenue bonds as defined and provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., and such type of obligations may be issued by the authority as

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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 properties used, leased, and sold in connection therewith will be sufficient to pay the cost of operating, maintaining, repairing, improving, and extending the project and to pay the principal 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. (6) The word public property shall mean any public property adjacent to Richard B. Russell Lake and located in Elbert County. Section 4. Powers. The authority shall have powers: (1) To have a seal and alter the same at pleasure; (2) To acquire by purchase, lease, or otherwise, with the exception of eminent domain, 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, 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; to lease or make contracts with respect to the use of the same; or to dispose of the same in any manner it deems to the best advantage of the authority, subject to the provisions of Section 26. 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. 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

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Georgia, the Governor is 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 the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the Governor and the chairman of the authority. If the authority shall deem it expedient to construct any project on any lands, the title to which shall then be in Elbert County or in any municipality incorporated in said county, the governing authority or body of any of said county or of any of said municipalities is authorized to convey title to such lands to the authority upon payment for the credit of the general funds of said county or municipalities the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the governing authority or body of said county or municipality and the chairman of the authority; (4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts; fiscal agents; and attorneys, and fix their respective compensations; (5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction 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. 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; 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 and 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

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government or any agency or department thereof, and with the United States government or any agency or department thereof. 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 interests of the holders of any of the bonds or obligations authorized to be issued hereunder, 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; (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in Section 3, 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 or any agency or instrumentality thereof; (7) To accept loans or grants of money or materials or property of any kind from the United States or any agency or instrumentality thereof, upon such terms and conditions as the United States or such agency or instrumentality may impose; (8) To accept loans or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may impose; (9) To borrow money for any of its corporate purposes and to execute evidences of such indebtedness and 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; but in no event shall revenue bonds be an obligation of Elbert County;

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(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; (11) The authority and the trustee acting under the trust indenture are specifically authorized from time to time to sell, lease, grant, exchange, or otherwise dispose of any surplus property, both real or personal, or interest therein not required in the normal operation of and usable in the furtherance of the purpose for which the authority was created, except as such right and power may be limited as provided in Section 17 hereof; (12) To borrow money for any of its corporate purposes from any bank, banks, or other lending institutions for a period of time not to exceed ten years and to execute evidences of such indebtedness and to secure the same; (13) To serve as an agency in managing, developing, and leasing property received or leased from the United States; and (14) 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 succeeded or which may in the future succeed to the powers, duties, and liabilities vested in the authority, 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 defined herein, of any one project or a combination of projects. The principal and interest of such revenue bonds shall be payable solely from the special fund provided in Section 16 for such payment. The bonds of each issue shall be dated and shall mature at such times and bear interest at such rates as may be determined by the authority, 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 provisions of Article 3 of Chapter 82 of Title 36 of the

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O.C.G.A.; and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Revenue Bond Law and any amendments thereto. Section 6. Same; form; denomination; registration; place of payment. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof which may be at any bank or trust company within or 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 7. Same; signatures; seal. All such bonds shall be signed by the chairman of the authority and attested by the secretary and treasurer of the authority, the official seal of the authority shall be affixed thereto, and any coupons attached thereto shall bear the facsimile signatures of the chairman and secretary and treasurer of the authority. Any coupon may bear the facsimile signatures of such persons; and any bond may be signed, sealed, and attested on behalf of the authority by such persons as, at the actual time of the execution of such bonds, shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes as if he had remained in office until such delivery. Section 8. 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 are declared to be issued for an essential public and governmental purpose, and said bonds and income thereof shall be exempt from all taxation within the state. Section 9. Same; sale; proceeds. The authority shall sell such bonds in such manner and for such price as it shall determine to be in the best interest of the authority, and the proceeds derived from

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the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds. Section 10. Same; interim receipts and certificates or temporary bonds. Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds with or without coupons exchangeable for definitive bonds upon the issuance of the latter. Section 11. Same; replacement of lost or mutilated bonds. The authority may also provide for the replacement of any bond or any coupons which shall become mutilated, destroyed, or lost. Section 12. Same; conditions precedent to issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this Act. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted; and any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of its members. Section 13. Credit not pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of Elbert 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. The issuance of such revenue bonds shall not directly, indirectly, or contingently obligate any of 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 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 the state. Such trust indenture may pledge or assign fees, rents, 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

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

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resolution authorizing the issuance of the bonds or in the trust instrument may provide. Such funds so pledged, from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund, which said sinking fund shall be pledged to and charged with the 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 the redemption, payment, or otherwise; (4) The necessary charges of the paying agent or agents for paying principal and interest; and (5) Any investment fees or charges. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture; but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, any surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds; and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not be reissued, printed, and delivered. Section 17. Remedies of bondholders. Except to the extent the rights given in this section may be restricted by resolution passed before the issuance of bonds or by a trust indenture, any holder of revenue bonds or interest coupons issued under the provisions of this Act, any receiver for such holders, or any indenture trustee, if any, may either at law or in equity, by action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted by this Act or under such resolution or trust indenture. Such holder, receiver, or trustee may

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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, rents, and other charges for the use of the project or projects. In the event of default of the authority upon the principal and interest obligations of any revenue bond issue, such holder, receiver, or trustee shall be subrogated to each and every right, specifically including the contract rights of collecting rental, which the authority may possess against the state or any department, agency, or institution of the state and, in the pursuit of his or its remedies as subrogee, may proceed either at law or in equity, by action, mandamus, or other proceedings, to collect any sums by such proceedings due and owing to the authority and pledged or partially pledged directly or indirectly to the benefit of the revenue bond issue of which such holder, receiver, or trustee is representative. No holder, receiver, or trustee shall have the right to compel any exercise of the taxing power of the state to pay any such bond or the interest thereon, or to enforce the payment thereof against any property owner of the state, nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon the property of the state. 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. 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 Elbert County; and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in such 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. The petition for validation shall also make party defendant to such action the State of Georgia or any municipality,

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county, authority, political subdivision, or instrumentality of the State of Georgia or the United States government or any department or agency of the United States government, if subject to being sued and if consenting to same, which has contracted with the authority for the services and facilities of the project for which bonds are to be issued and sought to be validated; and the state or such municipality, county, authority, political subdivision, or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as a part of the basis of the security for the payment of any such bonds of the authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the authority issuing the same, the state and any municipality, county, authority, political subdivision, or instrumentality, if a party to the validation proceedings, contracting with the said Elbert County Richard B. Russell Development Authority. Section 21. Interest of bondholders protected. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds; and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such bonds; nor will the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds and, upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. Section 22. Moneys received considered trust funds. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds; as grants or other contributions; or as revenues, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. Section 23. Purpose of the authority. Without limiting the generality of any provisions of this Act, the general purpose of the authority is declared to include: the right of the authority to meet, discuss, negotiate, cooperate, and work with the United States and its

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agencies and agents, the State of Georgia, and its agencies and agents, and with other counties in the State of Georgia and the State of South Carolina, their agencies and agents, for the purpose of planning and providing for shoreline development of the Richard B. Russell Dam and Lake Reservoir, to include, but not to be limited to, interests of the private and public sectors, environmental concerns, private and public boat docks and landings, rights of access, ingress and egress to and from private property and the shoreline, and any and all other matters and concerns relating to, or in any way pertaining to the development and use, public or private, of the shoreline and waters; and to be that of acquiring, constructing, equipping, maintaining, and operating boat docks; piers; boat ramps; cabins; restaurants; motels; hotels; recreational centers and areas, including, but not limited to, playgrounds; parks; hiking, camping, and picnicking areas; swimming and wading pools; lakes; golf courses; tennis courts; athletic fields and courts; clubhouses; gymnasiums; auditoriums; and related buildings; and the usual and convenient facilities pertaining to such undertakings and extensions and improvements of such facilities, acquiring parking facilities and parking areas in connection therewith and acquiring the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities, including real property, and to do any and all things deemed by the authority to be necessary, convenient, or desirable for an incident to the efficient and proper development and operation of such types of undertakings. Section 24. Rates, charges, and revenues; use. The authority is authorized to prescribe and revise from time to time rates, rents, fees, tolls, and charges, and to collect such rates, rents, fees, tolls, and charges for the services, facilities, or commodities furnished, including leases, concessions, or subleases of its lands or facilities, and to determine the price and terms at and under which its lands or facilities may be sold and, in anticipation of the collection of the revenues and income of such undertakings or projects, to issue revenue bonds as provided in this Act 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.

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Section 25. Rules and regulations for operations 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 recreational facilities shall be furnished. Section 26. (a) All meetings of the authority shall be opened to the public at all times. Ample notice shall be given to all members of the authority and to the public of any special or called meeting of the authority. The minutes of all meetings and all actions taken by the authority shall likewise be opened to public inspection. (b) Each purchase made in behalf of the authority of personal property or services in excess of $1,000.00 shall be accomplished pursuant to competitive bids, after having published invitations to bid in the official organs of Elbert County prior to the award of any contract. All bids shall be opened during meetings of the authority, and the rejection or acceptance thereof shall be entered upon the minutes of the authority. (c) Any surplus or unserviceable property of the authority shall be disposed of pursuant to competitive bids which shall be advertised in the official organs of Elbert County. All bids for the disposal of such property shall be opened during public meetings of the authority, and the acceptance or rejection thereof shall be entered upon the minutes of the authority. (d) At the conclusion of each fiscal year of the authority, the affairs of the authority shall be audited by a certified public accounting firm. A synopsis of the audit shall be published in the official organs of Elbert County as soon as the report of the auditors is submitted to the authority. (e) All funds of the authority which are not required for the normal operations of the authority shall be invested in interest-bearing investments within 30 days of their receipt by the authority. Section 27. Powers declared supplemental and additional. 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 will be performing an essential governmental function in the exercise of the power conferred upon it by this Act.

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The state covenants with the holders of the bonds that the authority shall be required to pay no taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession, or supervision, or upon its activities in the operation or maintenance of the buildings erected or acquired by it, or upon any fees, rentals, or other charges for the use of such buildings, or upon other income received by the authority. Further, this state covenants that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The exemption provided in this section shall not include any exemption from sales and use tax on property purchased by the authority or for use by the authority. Section 28. Conflicts of interest. (a) Every member of the authority and every employee of the authority who knowingly has any interest direct or indirect in any contract to which the authority is or is about to become a party, or in any other business of the authority, or in any firm or corporation doing business with the authority shall make full disclosure of such interest to the authority. Failure to disclose such an interest 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) Provisions of Article 1 of Chapter 10 of Title 16 and Code Sections 16-10-21, 16-10-22, 16-10-92, and 16-10-93 of the O.C.G.A., regulating the conduct of officers, employees, and agents of political subdivisions, municipal and other public corporations, and other public organizations, shall be applicable to the conduct of members, officers, employees, and agents of the authority. (c) Any contract or transaction of the authority involving a conflict of interest not disclosed under subsection (a) hereof, or a violation of the provisions of Article 1 of Chapter 10 of Title 16 and Code Sections 16-10-21, 16-10-22, 16-10-92, and 16-10-93 of the O.C.G.A., or a violation of any other provision of law applicable to the authority, its members, officers, or employees regulating conflicts of interest shall be voidable by the authority. Section 29. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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Section 30. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced in the regular 1989 session of the General Assembly a bill to create the Elbert County-Lake Richard B. Russell Development Authority, a body corporate and politic, and political subdivision of the State, with all the powers and responsibilities as provided by law in connection with the Lake Richard B. Russell area, including the rights to issue revenue bonds, purchase property, make contracts, make loans and grants, to borrow money, and to serve as an agency in managing, developing or leasing property received or leased from the United States, and to do all things necessary or convenient to carry out the powers expressly given in the Act, to repeal conflicting laws, and for other purposes. This February 16, 1989. /s/ Charles W. Yeargin Charles W. Yeargin, Representative, 14th District Elbert County Board of Commissioners Elbert County Courthouse GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles W. Yeargin, who, on oath, deposes and says that he is Representative from the 14th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Elberton Star which is the official organ of Elbert County, on the following date: February 16, 1989.

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/s/ Charles W. Yeargin Representative, 14th District Sworn to and subscribed before me, this 20th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 3, 1989. OGLETHORPE COUNTY WATER AUTHORITY CREATION. No. 29 (House Bill No. 892). AN ACT To create the Oglethorpe County Water Authority; to authorize the authority to acquire, construct, add to, extend, improve, equip, operate, own, and maintain projects embracing sources of water supply and the treatment, distribution, and sale of water and related facilities to individuals, private concerns, municipal corporations, the State of Georgia, and political subdivisions and instrumentalities of the state; to confer powers and to impose duties on the authority; to provide for the members of the authority and their term of tenure and compensation; to authorize the authority to contract with others pertaining to the use of the utilities and facilities of the authority and to execute leases and do all things deemed necessary or convenient for the operation of such undertakings or projects; to authorize the issuance of revenue bonds or obligations of the authority payable from the revenues, tolls, fees, charges, and earnings of the authority and to authorize the payment of the cost of such bonds or

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obligations, and to authorize the execution of resolutions and trust indentures to secure the payment thereof and to define the rights of the holders of such bonds or obligations; to provide that no debt in Oglethorpe County or the cities within Oglethorpe County shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds or obligations of the authority exempt from taxation; to provide for the authority to condemn property of every kind; to authorize the issuance of refunding bonds or obligations; to fix the venue or jurisdiction of actions relating to any provisions of this Act; to provide that such bonds or obligations be validated as authorized by Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, known as the Revenue Bond Law; 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 Oglethorpe County Water Authority Act. Section 2. Oglethorpe County Water Authority. (a) There is created a body corporate and politic, to be known as the Oglethorpe County Water Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation and by that name, style, and title said body may contract and be contracted with, bring and defend actions, implead and be impleaded, and complain and defend in all courts, except that the authority or the trustee acting under the trust indenture shall in no event be liable for all torts committed by any of the officers, agents, and employees. The authority is granted the same exceptions and exclusions from taxes as are now granted to cities and counties for the operation of facilities similar to facilities to be operated by the authority as provided under the provisions of this Act. (b) The authority shall consist of seven members. The board of commissioners of Oglethorpe County shall appoint three members of the authority, each of whom shall reside in Oglethorpe County. The city councils of the City of Crawford and the City of Lexington shall each appoint two members, each of whom shall reside in Oglethorpe County. The board of commissioners of Oglethorpe County shall appoint one of the initial members for an initial term of three years, one of the initial members for an initial term of two years, and one initial member

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for an initial term of one year; the Cities of Crawford and Lexington shall each appoint one member for an initial term of two years and one member for an initial term of three years; with subsequent appointments for terms of office of three years. After having served nine consecutive years, authority members shall not be reappointed without at least one year of inactive status. Vacancies shall be filled for an unexpired term by the city or county of the vacancy existing. Any authority member who is convicted of a felony shall be removed from the authority upon the date of conviction, regardless of appeal processes. A majority of the members shall constitute a quorum and a majority may act for the authority in any matter. No vacancy shall impair the power of the authority to act. The authority shall elect one of its members as chairman and another member as vice chairman. It shall also elect a secretary-treasurer who does not necessarily have to be a member of the authority and who, if not a member, shall have no voting rights. The members of the authority shall serve without compensation; however, it is expressly understood that they shall be reimbursed for all actual expenses incurred in the performance of their duties. The authority may make rules and regulations and adopt bylaws for its own government. It shall have perpetual existence. Section 3. Definitions. (a) As used in this Act, the term: (1) Authority means the Oglethorpe County Water Authority created by Section 2 of 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; 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 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 specified in this paragraph shall be regarded as a part of the cost of the project and may

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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 means and includes 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, counties, and municipalities for the purpose of resale, within the territorial boundaries of the project area, and the additions and improvements to and extensions of such facilities, and the operation and maintenance of same so as to assure an adequate water system. (4) Revenue bonds, bonds, and obligations mean revenue bonds 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 and any amendments thereto, and, in addition, shall also mean obligations of the authority, the issuance of which are specifically provided for in this Act. (b) Any project shall be deemed self-liquidating if, in the judgment of the authority, the revenue and earnings to be derived by the authority therefrom and all facilities used in connection therewith will be sufficient to pay the cost of operating, maintaining, repairing, improving, and extending the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects. Section 4. Powers. The authority is authorized: (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 on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions

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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, 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 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 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 terms and for such purposes as they deem advisable. Without limiting the generality of the above, authority is specifically granted to municipal corporations, counties, other political subdivisions, and 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;

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(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; (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 which is usually possessed by private corporations performing similar functions, including the power to make short-term loans and to approve, execute, and deliver appropriate evidence of any such indebtedness, 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. Section 5. Financing projects. The authority, or any authority or body which may succeed to the powers, duties, and liabilities vested in the authority created by this Act, is authorized at

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one time, or from time to time, to borrow money for the purpose of paying all or any part of the cost as defined in Section 3 of this Act of any one or more projects and to provide by resolution for the issuance of negotiable bonds for that purpose. The principal and interest of such revenue bonds shall be payable solely from the special fund provided for in this Act for such payment. The bonds of each issue shall be dated, shall mature at such time or times not exceeding 30 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. The interest rate or rates to be borne by any bonds and the time of payment of such interest shall be fixed, and with respect to any interest rate which floats in response to a variable the method of calculation shall be fixed by the authority in the resolution providing for the issuance of the bonds. Any bonds issued by the authority shall be exempt from all laws of the State of Georgia governing usury or prescribing or limiting interest rates to be borne by bonds or other obligations. Section 6. Same; form; denomination; registration; place of payment. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company 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 registration, conversion, and exchangeability privileges, rights of redemption, and conditions as the resolution or resolutions authorizing the issuance of such bonds may provide. Section 7. Same; signatures; seal. All such bonds shall be signed by the chairman of the authority and attested by the secretary-treasurer of the authority, the official seal of the authority shall be affixed thereto, and any coupons attached thereto shall bear the facsimile signatures of the chairman and the secretary-treasurer of the authority. Any coupon may bear the facsimile signature of such persons and any bond may be signed, sealed, and attested on behalf of the authority by such persons as shall be duly authorized or hold the proper office at the actual time of the execution of such bonds, although at the date of such bonds, such persons may not have been

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so authorized or shall not have held such office. In case any officer whose signature appears on any bonds ceases to be such officer before delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes, the same as if he had remained in office until such delivery. Section 8. Same; negotiability; exemption from taxation. All revenue bonds issued under the provisions of this Act shall have and are declared to have all the qualities and incidents of negotiable instruments under the laws of the state. Such bonds are declared to be issued for an essential public and governmental purpose, and said bonds and the income thereof shall be exempt from all taxation within the state. Section 9. Same; sale; proceeds. The authority may sell such bonds in such manner and for such prices as it may determine to be for the best interest of the authority; and the proceeds derived from the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds. Section 10. Same; interim receipts and certificates or temporary bonds. Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter. Section 11. Same; replacement of lost or mutilated bonds. The authority may also provide for the replacement of any bond or any coupon which shall become mutilated or be destroyed or lost. Section 12. Same; conditions precedent to issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, or things which are specified or required by this Act. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of its members.

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Section 13. Credit not pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of Oglethorpe County or the City of Crawford or Lexington or a pledge of the faith and credit of said county or cities, 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 or cities to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. All such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. Section 14. Trust indenture as security. In the discretion of the authority, any issuance of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company 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, 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; may provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority; and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture.

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Section 15. To whom proceeds of bonds shall be paid. The authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes hereof subject to such regulations as this Act and such resolution or trust indenture may provide. Section 16. Sinking fund. The revenues, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or the trust instrument may provide; and such funds so pledged from whatever source received, which 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 shall be pledged to and charged with the payments of (1) the interest of the bonds as the same shall fall due; (2) the principal of the bonds as the same shall fall due; (3) any premium upon bonds acquired by redemption, payment, or otherwise; (4) the necessary charges of the paying agent or agents for paying principal and interest; and (5) any investment fees or charges. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture; but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or the trust indenture, any surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds; and any such bonds so purchased or redeemed shall forthwith be canceled and shall not be reissued, printed, or delivered. Section 17. Remedies of bondholders. Any holder of revenue bonds issued under the provisions of 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

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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 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, all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. Section 19. Venue and jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such authority shall be brought in the Superior Court of Oglethorpe 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 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 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. The state or such municipality, county, authority, political subdivision, or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court, the validity of the terms thereof be determined, and the contract or contracts adjudicated as a part of the basis of the security for the payment of any such bonds of the authority. The bonds, when validated, and the judgment of validation shall be final and conclusive

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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 Oglethorpe County Water Authority. Section 21. 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 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 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 proceeds of short-term loans, as grants or other contributions, or as revenues, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. Section 23. Tort immunity. The authority shall have the same immunity and exemption from liability for torts and negligence as Oglethorpe County; and the officers, agents, and employees of the authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of Oglethorpe County when in performance of their public duties or work of the county. Section 24. Rates, charges, and revenues; use. The authority is authorized to prescribe and revise, from time to time, and collect rates, fees, tolls, and charges for the services, facilities, or commodities furnished and, in anticipation of the collection of the revenues and income of such undertakings or projects, to issue revenue bonds as provided in this Act to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, equipment, betterment, or extension of a water system, and to pledge to the punctual payment of said bonds and interest thereon all

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or any part of the revenues and income of such undertakings or projects, including the revenues of improvements, betterments, or extensions thereto thereafter made. Section 25. Rules and regulations for operation of projects. It shall be the duty of the authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this Act, including the basis on which water service and facilities shall be furnished. Section 26. Powers declared supplemental and additional. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws and shall not be regarded as being in derogation of any powers now existing. This Act does not in any way take from Oglethorpe County or any municipality located therein or any adjoining county the authority to own, operate, and maintain a water system or to issue revenue bonds as is provided in Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, known as the Revenue Bond Law. Section 27. Liberal construction of Act. This Act, being for the welfare of various political subdivisions of the State of Georgia and their inhabitants, shall be liberally construed to effect the purposes of 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, equipping, constructing, maintaining, and operating adequate water supply, treatment, and distribution facilities; making such facilities and the services thereof available to public and private consumers and users located in Oglethorpe County and their environs, including municipalities inside and outside said county, and to adjoining counties; extending and improving such facilities; and doing all things deemed by the authority necessary, convenient, and desirable for and incident to the efficient and proper development and operation for such type of undertakings. Section 29. Tax exempt status of authority. The properties of the authority, both real and personal, are declared to be public properties used for the benefit and welfare of the people of the State

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of Georgia and not for purposes of private or corporate benefit and income, and such properties and the authority shall be exempt from all taxes and special assessments of any city or county or the state or any political subdivisions thereof. Section 30. Repealer. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LEGISLATION Notice is hereby given that there will be introduced in the 1989 regular session of the Georgia General Assembly a bill to provide for the creation of an Oglethorpe County Water Authority; to provide for its organization and duties; and for other purposes. This 13th day of February, 1989. Charles W. Yeargin Representative 14th District AFFIDAVIT STATE OF GEORGIA COUNTY OF OGLETHORPE COME NOW, Ralph Maxwell, Jr., and states after being duly sworn, that: 1. I am the publisher of the Oglethorpe Echo, which is the newspaper for legal advertisements in Oglethorpe County.

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2. Attached hereto is a copy of the legal advertisement for the Notice of Intention To Introduce Local Legislation in the 1989 Session of the Georgia General Assembly. 3. This advertisement was printed in the Feb. 16th issue of the Oglethorpe Echo. This the 16th day of February, 1989. /s/ Ralph B. Maxwell, Jr. Sworn to and subscribed before me on this the 16 day of February, 1989. /s/ Brenda C. Norman Notary Public (SEAL) Approved March 3, 1989. CITY OF STONE MOUNTAIN CORPORATE LIMITS; DEANNEXATION. No. 30 (Senate Bill No. 331). AN ACT To amend an Act creating a new charter for the City of Stone Mountain, approved August 21, 1929 (Ga. L. 1929, p. 1309), as

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amended, so as to deannex certain territory from the corporate limits of said city; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a new charter for the City of Stone Mountain, approved August 21, 1929 (Ga. L. 1929, p. 1309), as amended, is amended by adding at the end of Section 2 the following: The following described tracts of land are deannexed from and shall no longer be a part of the corporate limits of the City of Stone Mountain: TRACT NO. 1 All that tract of parcel of land lying and being in Land Lot 73 and Land Lot 90 of the 18th District of DeKalb County, Georgia, and being more particularly described as follows: Beginning in Land Lot 90 at a point on the southerly right-of-way of west Mountain Street in the current City of Stone Mountain at its point of intersection with the northerly and easterly boundary of Shadowrock Acres Subdivision, Unit 2, as more particularly described in Plat Book 47, at Page 81, DeKalb County public records, which description is herein incorporated by reference; running thence southerly easterly and southerly along the easterly boundary of said Shadowrock Acres Subdivision, Unit 2, traversing into Land Lot 73 to the point of intersection of the easterly boundary of said subdivision with an arc, the center point of which is the railroad depot located on Main Street within Land Lot 89 of the 18th District of DeKalb County, Georgia, which depot currently serves as City Hall for the City of Stone Mountain, said arc having a radius of 1,000 yards, with said point of intersection lying at the rear of Lot 32, Block E, Shadowrock Acres Subdivision, Unit 2, as hereinabove described; running thence in a westerly and northerly direction following said arc to its point of intersection with the southerly right-of-way of West Mountain Street, which is also on the northerly boundary of Lot 5, Block E, Shadowrock Acres Subdivision, Unit 2; running thence in an

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easterly direction along the southerly right-of-way of Mountain Street a distance of 325 feet, more or less, to the point of beginning. TRACT NO. 2 All that tract or parcel of land lying and being in Land Lot 73 of the 18th District of DeKalb County, Georgia, and consisting of Shadowrock Acres Subdivision, Section 2, Unit 3, as the same is described in Plat Book 54, at page 54, DeKalb County Public Records, which description is incorporated herein by reference. 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 1989 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Stone Mountain, approved August 21, 1929 (Ga. L. 1929, p. 1309), as amended; and for other purposes. This 12th day of January, 1989. Joe Burton Senator, 5th District Tommy Tolbert Representative, 58th District PUBLISHER'S CERTIFICATE STATE OF GEORGIA COUNTY OF DEKALB

Page 3622

Personally appeared before the undersigned, a notary public within and for said county and State, Gerald Wm. Crane Co-publisher of Decatur-DeKalb News/Era a newspaper publisher at Decatur county of DeKalb State of Georgia who, being duly sworn, states on oath that the report of Local Legislation-New Charter for City of Stone Mountain a true copy on which is hereto annexed, was published in said newspaper in its issue of the 19th day of January 1989. /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 19th day of January, 1989 /s/ Janet K. Simpson Notary Public My commission expires.....June 4, 1990 (SEAL) Approved March 7, 1989. BULLOCH COUNTY CORONER; EXPENSES. No. 33 (House Bill No. 528). 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 24, 1988 (Ga. L. 1988, p. 4753), so as to change the amount of expenses to be received by the coroner; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 3623

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 24, 1988 (Ga. L. 1988, p. 4753), 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 $2,400.00 per annum for expenses to be paid in equal monthly installments from the funds of Bulloch County. Such salary and 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 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 INTENTION TO INTRODUCE LOCAL LEGISLATION. Notice is given that there will be introduced at the regular 1989 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, pg. 2524), as amended, so as to change the expenses to be paid to the Coroner, and for other purposes.

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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 Godbee, who, on oath, deposes and says that he is the Representative from the 110th District, and that pursuant to O.C.G.A. Section 28-1-14, 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: January 6, 1989. /s/ John Godbee Representative, 110th District Sworn to and subscribed before me, this 30th day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 9, 1989.

Page 3625

CITY OF FOLKSTON CORPORATE LIMITS. No. 36 (House Bill No. 820). AN ACT To amend an Act providing a new charter for the City of Folkston in Charlton County, approved April 11, 1979 (Ga. L. 1979, p. 4390), as amended, so as to change the corporate limits of the city; to provide for related matters; to provide a conditional effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing a new charter for the City of Folkston in Charlton County, approved April 11, 1979 (Ga. L. 1979, p. 4390), as amended, is amended by adding at the end of Section 1.11 a new subsection (c) to read as follows: (c) On and after the effective date of this subsection the following tract or parcel of land shall be included within the corporate limits of the City of Folkston and shall be a part of the city: `All of that tract or parcel of land lying, being and situate in the 32nd G.M. District of Charlton County, Georgia, consisting of three (3) acres and being a part of the northerly portion of the Homeland Park Tract of The 1906 Homeland Colony Company, Plat 1. Said three-acre tract being more particularly described as follows: Beginning at a point where the center line of a Georgia Power Company transmission right-of-way crosses Homeland Park Road on the southern right-of-way of said road. From this point of beginning, run south 73 degrees 50 minutes 30 seconds west and along the southern margin of said Homeland Park Road for a distance of 242.73 feet; thence run south 15 degrees 21 minutes 00 seconds east for a distance of 538.43 feet; thence run 73 degrees 50 minutes 30 seconds east for a distance of 242.73 feet; thence run north 15 degrees 21 minutes 00 seconds west for a distance of 538.43 feet and to the point or place of beginning. Said tract being more fully shown and identified

Page 3626

in that certain plat of survey prepared by Sidney L. Gowen, County Surveyor, Charlton County, Georgia, dated May 16, 1988, which plat is of record in Plat Book C, page 289, office of the Clerk Charlton Superior Court, and same is incorporated herein for purposes of description and all other legal purposes.' Section 2. This Act shall become effective only if there is enacted at the 1989 session of the General Assembly an Act removing the tract or parcel of land described in Section 1 of this Act from the corporate limits of the City of Homeland, and otherwise this Act shall not become effective. If such other Act is so enacted, this Act shall become effective on the later of: (1) the date on which this Act is approved by the Governor or becomes law without such approval; or (2) the date on which such other Act is approved by the Governor or 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 hereby given that there will be introduced at the regular 1989 Session of the General Assembly of Georgia a Bill to amend the Charter of the City of Folkston, Ga. Laws 1979, p. 4390, so as to change the corporate boundaries of the City of Folkston, Georgia, to annex into the corporate limits a specified tract previously a part of the City of Homeland, Georgia, and to repeal conflicting laws. This the 7th day of February, 1989. TOM CROSBY Rep. 150 Dist. HARRY DIXON Rep. 151 Dist.

Page 3627

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 8, 1989. /s/ Tom Crosby, Jr. Representative, 150th District Sworn to and subscribed before me, this 14th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 13, 1989. CITY OF HOMELAND CORPORATE LIMITS. No. 37 (House Bill No. 821). AN ACT To amend an Act creating a new charter for the City of Homeland in Charlton County, approved April 8, 1968 (Ga. L. 1968, p. 2984), so as to change the corporate limits of the city; to provide for related matters; to repeal conflicting laws; and for other purposes.

Page 3628

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a new charter for the City of Homeland in Charlton County, approved April 8, 1968 (Ga. L. 1968, p. 2984), is amended by adding after Section 102 a new Section 102.1 to read as follows: Section 102.1. On and after the effective date of this section the following tract or parcel of land shall be removed from the corporate limits of the City of Homeland and shall no longer be a part of the city: `All of that tract or parcel of land lying, being and situate in the 32nd G.M. District of Charlton County, Georgia, consisting of three (3) acres and being a part of the northerly portion of the Homeland Park Tract of The 1906 Homeland Colony Company, Plat 1. Said three-acre tract being more particularly described as follows: Beginning at a point where the center line of a Georgia Power Company transmission right-of-way crosses Homeland Park Road on the southern right-of-way of said road. From this point of beginning, run south 73 degrees 50 minutes 30 seconds west and along the southern margin of said Homeland Park Road for a distance of 242.73 feet; thence run south 15 degrees 21 minutes 00 seconds east for a distance of 538.43 feet; thence run 73 degrees 50 minutes 30 seconds east for a distance of 242.73 feet; thence run north 15 degrees 21 minutes 00 seconds west for a distance of 538.43 feet and to the point or place of beginning. Said tract being more fully shown and identified in that certain plat of survey prepared by Sidney L. Gowen, County Surveyor, Charlton County, Georgia, dated May 16, 1988, which plat is of record in Plat Book C, page 289, office of the Clerk Charlton Superior Court, and same is incorporated herein for purposes of description and all other legal purposes.' Section 2. All laws and parts of laws in conflict with this Act are repealed.

Page 3629

Notice of Intent to Introduce Local Legislation Notice is hereby given that there will be introduced at the regular 1989 Session of the General Assembly of Georgia a bill to amend the Charter of the City of Homeland, Ga. Laws 1968, p. 2984, so as to change the corporate boundaries of the City of Homeland, Georgia, to deannex a specified tract, and to repeal conflicting laws. This the 7th day of February, 1989. TOM CROSBY Rep. 150 Dist. HARRY DIXON Rep. 151 Dist. 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 8, 1989. /s/ Tom Crosby, Jr. Representative, 150th District

Page 3630

Sworn to and subscribed before me, this 14th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 13, 1989. CITY OF LILBURN MAYOR AND COUNCIL; ELECTIONS; TERMS. No. 39 (House Bill No. 562). AN ACT To amend an Act creating a new charter for the City of Lilburn, approved March 18, 1980 (Ga. L. 1980, p. 3164), as amended, so as to change certain provisions relating to the election and taking of office of mayor and council members; to provide for the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a new charter for the City of Lilburn, approved March 18, 1980 (Ga. L. 1980, p. 3164), as amended, is amended by striking Section 2.11 and inserting in its place a new section 2.11 to read as follows: Section 2.11. Council Terms and Qualification of Office. The mayor and members of the council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or council member unless he shall have been a resident of the city at least

Page 3631

one year immediately prior to the date of the election of mayor or members of the council; each shall continue to reside there during his period of service and shall be registered and qualified to vote in municipal elections of this city. Section 2. Said Act is further amended by striking Section 5.11 and inserting in its place a new Section 5.11 to read as follows: Section 5.11. Regular Elections; Time for Holding. The council shall cause an election to be held at the City Hall or such other place in the city as the council shall direct and designate on the Tuesday next following the first Monday in November, 1989, and on such day biennially thereafter. All elections and notice thereof shall in all respects be held in compliance with Chapter 3 of Title 21 of the O.C.G.A. The mayor and council members shall be elected pursuant to subsection (a) of Code Section 21-3-62 and Code Section 21-3-63 of the O.C.G.A. The terms of office of the mayor and two councilmen whose terms of office would normally expire at the first organizational meeting in January, 1990, shall expire on December 31, 1989. The terms of office of the two councilmen whose terms of office would normally expire at the first organizational meeting in January, 1991, shall expire on December 31, 1990. The mayor and each member of the council elected pursuant to this Act 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 immediately following his election. 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 1989 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Lilburn, approved March 18, 1980 (Ga. L. 1980, p. 3164), as amended; and for other purposes.

Page 3632

This 27th day of January, 1989. /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 27, 1989. /s/ Charles E. Bannister Representative, 62nd District Sworn to and subscribed before me, this 30th day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 14, 1989.

Page 3633

CITY OF LILBURN CORPORATE LIMITS. No. 40 (House Bill No. 669). AN ACT To amend an Act creating a new charter for the City of Lilburn, approved March 18, 1980 (Ga. L. 1980, p. 3164), as amended, so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a new charter for the City of Lilburn, approved March 18, 1980 (Ga. L. 1980, p. 3164), as amended, is amended by adding a new subsection at the end of Section 1.1, to be designated subsection (c), to read as follows: (c) In addition to any territory lying within the corporate limits of the City of Lilburn, such corporate limits shall also include the following: Tax Parcel #6-112-321, and 320 All that tract or parcel of land lying and being in Land Lot 112 of the 6th District, Gwinnett County, Georgia, and being Lots 35, and 36 of Block B, Unit Three, Hanarry Estates West, as per plat recorded in Plat Book 1, page 32, Gwinnett County Records. Tax Parcel #6-112-133, 309 and 310 All that tract or parcel of land lying and being in Land Lot 112 of the 6th District, Gwinnett County, Georgia, and being Lots 23, 24, and 25 of Block B, Unit Two, Hanarry Estates West, as per plat recorded in Plat Book 1, page 32, Gwinnett County Records. Tax Parcel #6-112-143, 144, 145, 146 and 147

Page 3634

All that tract or parcel of land lying and being in Land Lot 112 of the 6th District, Gwinnett County, Georgia, and being designated as Lots 9, 10, 11, 12 and 13 of Block B, Unit One, Hanarry Estates West, as per plat recorded in Plat Book W, page 70, Gwinnett County records. Tax Parcel #6-112-106, 107, 108 and 109 All that tract or parcel of land lying and being in Land Lot 112 of the 6th District, Gwinnett County, Georgia, and being designated as Lots 8, 9, 20, and 11, of Block A, Unit One, Hanarry Estates West, as per plat recorded in Plat Book W, page 70, Gwinnett County Records. Tax Parcel #6-112-57 and 58 All that tract or parcel of land lying and being in Land Lot 112 of the 6th District, Gwinnett County, Georgia, being known as Lots 6 and 5, Block `B' of Village Green Subdivision, Unit I, according to a plat of record at Plat Book `S', Page 81, Gwinnett County Records. Tax Parcel #6-112-16 All that tract or parcel of land lying and being in Land Lot 112 of the 6th District of Gwinnett County, Georgia, being Lot 5, Block A, Village Green Subdivision, Unit One, per plat recorded in Plat Book S, Page 81-A, Gwinnett County, Georgia Records, which plat is referred to and made a part of this description. Tax Parcel #6-111-077 All that tract or parcel of land lying and being in Land Lot 112 of the 6th District of Gwinnett County, Georgia, being Lot 1, Block A, Unit One, Killian Hill Manor, as per plat recorded in Plat Book R, Page 2, Gwinnett County Records. Tax Parcel #6-111-083 and 084 All that tract or parcel of land lying and being in Land Lots 111 and 112 of the 6th District, Gwinnett County,

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Georgia, being Lots 1 and 2, Block B, Unit One, Killian Hill Manor, as per plat recorded in Plat Book R, Page 2, Gwinnett County Records. Tax Parcel #6-113-41 All that tract or parcel of land lying and being in Land Lot 113 of the 6th District, Gwinnett County, Georgia, being Lot 2, Block B, William Bell Estates Subdivision, Unit One, according to Plat which is recorded in Plat Book X, Page 200, Gwinnett County Records, and being more particularly described as follows: BEGINNING at an iron pin on the southwesterly side of Greg Drive, two hundred sixty one and forty six hundredths (261.46) feet southeasterly as measured along the southwesterly side of Greg Drive from the corner formed by the intersection of the southwesterly side of Greg Drive and the southeasterly side of Lilburn-Corinth Church Road; said point of beginning also being at the line which divides Lots 1 and 2, said Block, subdivision and plat, thence southeasterly along the southwesterly side of Greg Drive, one hundred ten and twenty five hundredths (110.25) feet to an iron pin on the line which divides Lots 2 and 3, said block, subdivision and plat; thence southwesterly along the line which divides said Lots 2 and 3, one hundred ninety and two tenths (190.2) feet to an iron pin; thence northwesterly, seventy (70) feet to an iron pin; thence northeasterly, forming an interior angle of 115 degrees 49 minutes with the preceding course, one hundred ten (110) feet to an iron pin on the line which divides said Lots 1 and 2, forming an interior angle of 148 degrees 40 minutes with the preceding course, one hundred twenty five and three tenths (125.3) feet to an iron pin on the southwesterly side of Greg Drive and the point of beginning, being improved property. Tax Parcel #6-123-13 All that tract or parcel of land lying and being in Berkshire District, Gwinnett County, Georgia, forty-two and five eights (42 5/8) acres, no more and no less, commencing at the Southwest corner at an iron post and running North 110 1/2 rods; thence East 62 rods to iron post; thence South

Page 3636

109-3/4 rods to iron post; thence 62 rods to the beginning point. Bounded on the North by lands of T. J. Nash; on the East by lands of E. P. Minor estate; on the South by lands of E. P. Minor, George Flynn and A. E. Garner; on the West by lands of T. J. Nash. This being the same property as described in Warranty Deed from E. P. Minor to A. E. Garner, dated the 21st day of November, 1929, recorded Deed Records Gwinnett County, Georgia, Book 42 page 565. Tax Parcel #6-123-16 All that tract or parcel of land lying and being in Land Lots 123 and 124 of the 6th District of Gwinnett County, Georgia, according to the survey made for Glen P. Campanelli, prepared by Lloyd C. McNally, Jr., R.L.S. #2040, dated April 16, 1979, and being more particularly described as follows: BEGINNING at an iron pin set at the intersection of the southeasterly side of Arcadia a/k/a Arcado Road (60 R/W) with the northeasterly side of Arcadia a/k/a Arcado Place (60 R/2); thence north 30 degrees 38 minutes 11 seconds east along the southeasterly side of Arcadia Road, 183.4 feet to an iron pin found on the northwestern corner of property now or formerly owned by Springbrook, Inc.; thence south 73 degrees 13 minutes 00 seconds east along the southwesterly side of said Springbrook property, 194.34 feet to an iron pin found on the Land Lot line dividing Land Lot 124 and 111; thence south 59 degrees 21 minutes west along said Land Lot line dividing Land Lots 124 and 111 and along the northwesterly side of Lot 3, Block B, Unit One, Killian Hill Manor Subdivision, 117.07 feet to an iron pin set and the point of beginning. Tax Parcel #6-124-004 All that tract or parcel of land lying and being in Land Lot 124 of the 6th District, Gwinnett County, Georgia, being in the City of Lilburn, containing 10.893 acres and being Tract No. 3 according to a plat of survey by McNally, Patrick Cole, Inc., Surveyors, dated January 20, 1978, and more particularly described as follows:

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To locate the point of beginning, begin at a point on the southeast right of way line of Arcadia Road (a 60 foot right of way) located 520.10 feet southwest, as measured along said right of way line from its intersection with the southwest right of way line of Killian Hill Road (an 80 foot right of way); run thence North 30 degrees 23 minutes West a distance of 60.24 feet to an iron pin on the northwest right of way line of Arcadia Road, WHICH IS THE PLACE OR POINT OF BEGINNING; run thence southwest along the northwest right of way line of Arcadia Road and following the curvature thereof 394.40 feet to an iron pin; run thence North 30 degrees 22 minutes West 1458.49 feet to an iron pin; run thence North 59 degrees 31 minutes 05 seconds East 100.00 feet to an iron pin; run thence South 30 degrees 28 minutes 25 seconds East 167.97 feet to a rock corner; run thence North 59 degrees 48 minutes 50 seconds East 229.32 feet to an iron pin on the southwest right of way line of Killian Hill Road; run thence South 60 degrees 50 minutes 45 seconds East along said right of way line 88.98 feet to an iron pin; run thence South 30 degrees 23 minutes East 1103.21 feet to an iron pin on the northwest right of way line of ARcadia Road; which is the place or point of beginning. LESS AND EXCEPT Lots 3, 4, 5, 6, 7, 8, 9, 10 and 11 of Killian Hill Manor Subdivision, Block B, Unit One, of the 6th Land District of Gwinnett County, Georgia, being seven acres more or less. Tax Parcel #6-124-005A All that tract or parcel of land lying and being in land lot 124 of the 6th Land District, Gwinnett County, Georgia, described particularly according to plat and survey of S. R. Fields, Surveyor, prepared November 9, 1962, and described particularly according to said plat and survey as follows: BEGINNING on the northwesterly right of way of a public road known as Arcado Road at an iron pin corner located south 53 degrees 16 minutes west 307 feet from the center of Killian Hill Road (shown on plat as Kenion Road) as measured along the northwesterly right of way of Arcado Road and run thence along the northwesterly right of way of Arcado Road 203 feet to an iron pin corner with property

Page 3638

now or formerly of E. P. Minor; thence along property now or formerly of Minor north 30 degrees west 378.8 feet to an iron pin corner with other property now or formerly of Kent and Mays; thence along other property now or formerly of Kent and Mays north 51 degrees 46 minutes east 130 feet to an iron pin corner; thence in a southeasterly direction along other property now or formerly of Kent and Mays (identified on the aforementioned plat as the lot of Evelyn K. Mays) 377.3 feet to an iron pin corner on the northwesterly right of way of Arcado Road being the point of beginning. Tax Parcel #6-124-13 All that tract or parcel of land lying and being in Land Lot 124 of the 6th District, Lilburn, Gwinnett County, Georgia and being more particularly described as follows: BEGINNING at a point on the Northwesterly right of way line of Arcadia Road 307.00 feet southwesterly from the intersection formed by the center line of Killian Hill Road with the Northwesterly right of way line of Arcadia Road as measured on the Northwesterly right of way line of the said Arcadia Road; thence northwesterly along the line of property now or formerly owned by Kenneth Mowen 377.3 feet to an iron pin; thence north 51 degrees 19 minutes 45 seconds east, 130.00 feet to an iron pin; thence south 41 degrees 27 minutes 50 seconds east 384.41 feet to an iron pin located on the northwesterly right of way line of Arcadia Road; thence southwesterly along the northwesterly right of way line of the said Arcadia Road 248.89 feet to the point of beginning. Tax Parcel #6-124-165 All that tract or parcel of land lying and being in Land Lot No. 124 of the 6th Land District of Gwinnett County, Georgia, and containing 4.301 acres and being TRACT NO. 5 of a survey for Mrs. Charles J. Kent made by Hannon, Meeks Bagwell, Surveyor on August 30, 1974, and said land is described as follows: BEGINNING at a point where the west side of Killian Hill Road intersects the north side of Arcadia Road; thence in a southwesterly direction along the arc 62.14 feet to a

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point; thence south 53 degrees 30 minutes 00 seconds west 110 feet to an iron pin corner; thence north 41 degrees 27 minutes 50 seconds west 384.41 feet to an iron pin corner; thence south 51 degrees 19 minutes 45 seconds west 130 feet to an iron pin corner; thence south 51 degrees 19 minutes 45 seconds west 130.50 feet to an iron pin; thence north 30 degrees 16 minutes 45 seconds west 726 feet to Killian Hill Road; thence south 60 degrees 00 minutes 00 seconds east 182.59 feet to a point; thence in a southeasterly direction along the arc 453.48 feet to a point; thence South 55 degrees 26 minutes 00 seconds East 310.75 feet to a point; thence along the arc in a southeasterly direction 209.84 feet to the point of beginning. Tax Parcel #6-124-138 All that tract or parcel of land lying and being in Land Lot 124, 6th District, Gwinnett County, Georgia, and containing 6.838 acres, and designated with `Marion M. Brown' on said plat prepared by Larry A. Godfrey, RLS #1794, dated April 1, 1979, and recorded in Plat Book 15, Page 230, Clerk's Office, Gwinnett Superior Court, reference to which said plat and the record thereof is hereby made for more complete description and for the purpose of incorporating said plat herein. Tax Parcel #6-124-9 All that tract or parcel of land lying and being in the State of Georgia, County of Gwinnett, Land Lot 124 of the 6th District, and containing 1.465 acres as per survey prepared by Larry A. Godfrey, Registered Land Surveyor Number 1794, dated April 1, 1979, plat thereof recorded in Plat Book 46, Page 169, of the public records of Gwinnett County, Georgia, which said plat and the record thereof is hereby made for a more complete description and to incorporate said plat herein. Tax Parcel #6-124-144 All that tract or parcel of land lying and being in Land Lot 124 of the 6th District of Gwinnett County, Georgia and containing 1.034 acres, according to a plat of survey by Larry

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A. Godfrey, Surveyor, dated April 1, 1979, recorded in Plat Book 27, Page 154, Gwinnett County Plat Records, and being more particularly described as follows: TO LOCATE THE TRUE POINT OF BEGINNING begin at the point where the center line of Arcado Road is intersected by the center line of Killian Hill Road; thence run in a northeasterly direction along the center of Arcado Road, a distance of 1106.13 feet to a point in the center of Arcado Road; thence run north 38 degrees 31 minutes west a distance of 30.63 feet to an iron pin found on the northwest right of way of Arcado Road (Arcado Road is shown on said plat to have a 60 foot right of way), being the true point of beginning; thence along the northwest right of way of Arcado Road north 40 degrees 50 minutes 28 seconds east 66.67 feet to an iron pin found; thence north 39 degrees 49 minutes 00 seconds east 77.09 feet to an iron pin set; thence north 29 degrees 51 minutes 34 seconds west 148.61 feet to an iron pin set; thence north 10 degrees 22 minutes 10 seconds west 157.40 feet to an iron pin set; thence south 52 degrees 49 minutes 31 seconds west 172.17 feet to an iron pin found; thence south 11 degrees 51 minutes 52 seconds east 62.98 feet to an iron pin found; thence south 30 degrees 24 minutes 01 seconds east 264.00 feet to an iron pin found and the true point of beginning. Tax Parcel #6-124-17 All that tract or parcel of land lying and being in Land Lot 124 of the 6th District of Gwinnett County, Georgia, containing 1.008 acres according to a plat of survey of Samuel S. Bailey, Surveyor, dated March 5, 1968, recorded in Plat Book Q, Page 68, Gwinnett County Plat Records, and being more particularly described as follows: TO LOCATE THE TRUE POINT OF BEGINNING, begin at the point where the center line of Arcado Road is intersected by the center line of Killian Hill Road; thence run in a northeasterly direction along center of Arcado Road a distance of 1,172.8 feet to a point in the center of Arcado Road; thence run north 38 degrees 31 minutes west a distance of 30.63 feet to an iron pin on the Northwest right of way of Arcado Road (Arcado Road is shown on said plat to

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have a 60 foot right of way) being the True Point of Beginning; thence run along the northwest right of way of Arcado Road north 39 degrees 49 minutes east a distance of 161.04 feet to an iron pin; thence run north 35 degrees 27 minutes west 230.21 feet to an iron pin; thence run south 65 38 minutes west 175.36 feet to an iron pin; thence run south 38 degrees 31 minutes east a distance of 305.33 feet to an iron pin on the northwest right of way of Arcado Road, being the True Point of Beginning. Tax Parcel #6-124-139 All that tract or parcel of land lying and being in the State of Georgia, County of Gwinnett, Land Lot 124, 6th District, and containing 6.459 acres and designated `James P. Brown' on a plat and survey prepared by Larry A. Godfrey, RLS No. 1734, dated April 1, 1979, and recorded in Plat Book 15, Page 230, Clerk's Office, Superior Court of Gwinnett County, reference to which said plat and the record thereof is hereby made for a more complete description and for the purpose of incorporating said plat herein. LESS AND EXCEPT: All that tract or parcel of land containing 1.034 acres, according to a plat and survey by Larry A. Godfrey, Surveyor, dated April 1, 1979, recorded in Plat Book 27, page 154, Gwinnett County Plat Records, reference to said plat is hreby made for a more complete description. Tax Parcel #6-124-53 All that tract or parcel of land lying and being in Land Lot 124 of he 6th District of Gwinnett County, Georgia, containing.057 acres and being more particularly described according to a plat of survey of Samuel S. Bailey, Surveyor, dated July, 1971, recorded in Plat Book `U', Page 263, Gwinnett County Plat Records, as follows: TO LOCATE THE TRUE POINT OF BEGINNING, begin at the point where the center line of Arcado Road intersects the center line of Killian Hill Road; thence run in a northeasterly direction along the center of Arcado Road a

Page 3642

distance of 1,585.3 feet to a point in the center of said road; thence run north 66 degrees 31 minutes west 30 feet, more or less, to an iron pin on the northwest right of way of Arcado Road, being the TRUE POINT OF BEGINNING; thence run in a northeasterly direction along the northwest right of way of Arcado Road a distance of 105 feet to an iron pin; thence run north 66 degrees 20 minutes west 210 feet to an iron pin; thence run south 45 degrees west 105.52 feet to an iron pin; thence run south 66 degrees 31 minutes east 210 feet to an iron pin on the northwest right of way of Arcado Road being the TRUE POINT OF BEGINNING. Tax Parcel #6-124-14 All that tract or parcel of land lying and being in Land Lot 124 of the 6th Land District of Gwinnett County, Georgia containing 13.68 acres, and being more particularly described according to a plat of survey of Mack L. Meeks, Surveyor, dated June 3, 1966, recorded in Plat Book....., Page....., Gwinnett County Plat Records as follows: TO ARRIVE AT THE TRUE POINT OF BEGINNING, begin at the point where the center line of Arcadia Road intersects the center line of Killian Hill Road; thence run in a northeasterly direction along the center of Arcadia Road a distance of 1,825.1 feet to a point in the center of Arcadia Road; thence run north 67 degrees 40 minutes west a distance of 34.1 feet to an iron pin located on the northwest right of way of Arcadia Road, being the true point of beginning; thence run along the property of Charlie R. Minor north 67 degrees 40 minutes west 614.3 feet to an iron pin; thence run north 37 degrees 23 minutes west 539.1 feet to an iron pin; thence run north 78 degrees 45 minutes east 962.2 feet to an iron pin; thence run south 18 degrees 24 minutes east 345 feet to an iron pin; thence run 59 degrees 18 minutes east 7.7 feet to an iron pin; thence run south 29 degrees 57 minutes east 274.6 feet to an iron pin on the northwest right of way of Arcadia Road; thence run in a southwesterly direction along the northwest right of way of Arcadia Road a distance of 419.8 feet to the true point of beginning.

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Tax Parcel #6-124-16 All that tract or parcel of land lying and being in Land Lot 124 of the 6th Land District, Gwinnett, County, Georgia, containing 0.96 acres and being more particularly described according to a plat of survey by S. R. Fields, Surveyor, dated September 6, 1966, recorded in Plat Book `P', page 31, Gwinnett County Plat records, as follows: TO ARRIVE AT THE TRUE POINT OF BEGINNING, begin at the point where the center line of Killian Hill Road is intersected by the center line of Arcadia Road; thence run in a Northeasterly direction along the center of Arcadia Road a distance of 1,825.1 fee to a point in the center of Arcadia Road and thence run North 67 degrees 40 minutes West 34.1 feet to an iron pin located on the Northwest right of way of Arcadia Road being the True Point of Beginning; thence run in a southwesterly direction along the northwest right of way of Arcadia Road a distance of 136 feet to an iron pin; thence run along he property of Brown North 67 degrees 40 minutes West 307.6 feet to an iron pin; thence run along the property of Brown North 22 degrees 20 minutes East 124.3 feet to an iron pin; thence run along the property of Black South 67 degrees 40 minutes East 363 feet to the true point of beginning at an iron pin on the northwest right of way of Arcadia Road. Tax Parcel #16-124-12A and 12B All that tract or parcel of land lying and being in Land Lot 124 and 125 of the 6th Land District of Gwinnett County, Georgia containing 1.54 acres according to plat and survey of Higginbotham James, Surveyors, prepared September 21, 1964, and being more particularly described as follows: TO FIND the point or place of beginning, begin at the center line of Arcadia Road at a point located 2611.7 feet in a northwesterly direction from the center line of Kenion Road as measured along the center line of Arcadia Road, and run thence south 58 degrees 45 minutes west 30.7 feet to an iron pin located on the southwesterly right of way of Arcadia Road, WHICH IS THE POINT OR PLACE OF BEGINNING;

Page 3644

from said point of beginning, run thence South 58 degrees 45 minutes west 200 feet to an iron pin corner with property of C. A. Young; thence along property of C. A. Young, north 18 degrees 57 minutes west 345 feet to an iron pin corner; thence north 58 degrees 45 minutes east 200 feet to an iron pin on the southwesterly right of way of Arcadia Road; thence along the southwesterly right of way of Arcadia Road in a southeasterly direction 345 feet to an iron pin, which is the point of beginning. Tax Parcel #6-124-142 All that tract or parcel of land lying and being in Land Lot 124, District 6, Gwinnett County, Georgia, more particularly described as follows: BEGINNING at the intersection common to Land Lots 124, 125, 132 and 133, District 6, Gwinnett County, Georgia; thence proceeding south 56 degrees 48 minutes 43 seconds west 785.89 feet along the land lot line common to Land Lots 124 and 133 to a point; thence continuing along said Land Lot line south 57 degrees 07 minutes 05 seconds west 198.77 feet to a point; thence proceeding south 28 degrees 19 minutes 03 seconds east 1057.22 feet to a point which point represents the TRUE POINT OF BEGINNING; thence proceeding the following calls and distances: north 40 degrees 19 minutes 36 seconds east 662.66 feet to a point; south 25 degrees 58 minutes 32 seconds east 421.74 feet to a point; south 78 degrees 23 minutes 25 seconds west 626.37 feet to a point, which point represents the TRUE POINT OF BEGINNING. The herein above described tract encloses 2.938 acres and is extracted from a January, 1974 plat of survey prepared for Mary Brown by Roy C. Hogan. Tax Parcel #6-124-163 All that tract or parcel or land lying and being in Land Lots 124 and 125 of the 6th District of Gwinnett County, Georgia, and being more particularly described as follows: To find the point of beginning, commence at an iron pin set on the westerly right of way (based on a 60 foot right of way) of Arcado (right of way varies), which iron pin is

Page 3645

located 1292.21 feet southeasterly from the intersection of said right of way line (based on a 60 foot right of way) with the northeast line of Land Lot 125; thence leave said right of way line and run south 78 degrees 17 minutes 03 seconds west, 1007 feet to an iron pin set on a line 40 feet from the centerline of Arcado Road, which iron pin is the TRUE POINT OF BEGINNING; from the true point of beginning as thus established, run along said line 40 feet from said centerline south 18 degrees 36 minutes 43 seconds east, 184.39 feet to an iron pin set; thence leave said line 40 feet from said centerline and run south 59 degrees 04 minutes 53 seconds west, 190.57 feet to an iron pin found; thence south 78 degrees 17 minutes 03 seconds west 335.76 feet to an iron pin found; thence north 26 degrees 04 minutes 00 seconds west, 421.97 feet to an iron pin found; thence north 63 degrees 42 minutes 47 seconds east, 230.18 feet to an iron pin set; thence south 26 degrees 04 minutes 00 seconds east. 228.09 feet to an iron pin set; thence north 78 degrees 17 minutes 03 seconds east, 318.87 feet to the TRUE POINT OF BEGINNING; said tract contains 3.958 acres (172,413 sq.ft.) in accordance with that certain Boundary Survey for Public Storage, Inc., prepared by Randy Lamon Tibbitts, G.R.L.S. No. 2137 of Hill-Fister Engineers, Inc., dated February 26, 1987, last revised August 19, 1987. Tax Parcel #6-124-56 All that tract or parcel of land lying and being in Land Lots 124 and 125, 6th District, Gwinnett County, Georgia, being 2.067 acres, according to a plat of survey for John Doran prepared by Hill-Fister Engineers, Inc., Surveyors, dated February 27, 1987, and being more particularly described as follows: Begin at an iron pin set on the southwesterly right of way of Arcado Road (60 foot right of way) which point is located 980.42 feet as measured in a southeasterly direction along said right of way from its intersection with the northwesterly boundary of Land Lot 125; thence along said right of way in a southeasterly direction an arc distance of 300.40 feet (said arc being subtended by a chordline running south 22 degrees 40 minutes 34 seconds east 300.15 feet to a point) to a point; thence along said right of way south 18 degrees 36

Page 3646

minutes 43 seconds east 11.39 feet to an iron pin set at a 40 oak; thence south 78 degrees 17 minutes 03 seconds west 328.94 feet to an iron pin set; thence north 26 degrees 04 minutes 00 seconds west 228.09 feet to an iron pin set; thence north 63 degrees 42 minutes 47 seconds east 337.91 feet to an iron pin set on the southwesterly right of way of Arcado Road and the point of beginning. Tax Parcel #6-124-159, 158, 157, 156, and 155 All that tract or parcel of land lying and being in Land Lot 124 of the 6th District of Gwinnett County, Georgia, being known and designated as Lots 1, 2, 3, 4, 5 of Wayside Industrial Park, as shown on a plat of subdivision recorded in Plat Book 30, Page 6, Gwinnett County, Georgia Records. Tax Parcel #6-124-161 All that tract or parcel of land lying and being in Land Lots 124 and 125 of the 6th District, Gwinnett County, Georgia, being more particularly described as follows: COMMENCING at an iron pin set on the right of way of Arcado Road where the Land Lot line between Land Lots 132 and 125 intersects said right of way, and running thence south 24 degrees 13 minutes 34 seconds east, 227.47 feet to a point on said right of way and THE TRUE POINT OF BEGINNING; running thence south 24 degrees 13 minutes 34 seconds east along said right of way 32.42 feet to an iron pin; running thence south 27 degrees 44 minutes 52 seconds east, along said right of way 214.61 feet to an iron pin; running thence south 66 degrees 51 minutes 19 seconds west, 213.74 feet to an iron pin; running thence north 27 degrees 47 minutes 11 seconds west, 78.99 feet to an iron pin; running thence south 64 degrees 46 minutes 21 seconds west 100.00 feet to an iron pin; running thence north 25 degrees 49 minutes 10 seconds west, 146.57 feet to a point in the center of a pond; running thence north 62 degrees 15 minutes 08 seconds east, 308.33 feet to an iron pin at the point of beginning; being known as Tract 2 on a plat of survey prepared by North Metro Planning, Inc., Registered Sureyors, dated May 24, 1985, which survey is incorporated herein by reference for a more complete description of the metes, bounds and courses thereof.

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Tax Parcel #6-124-143 All that tract or parcel of land lying and being in Land Lot 124 of the 6th District of Gwinnett County, Georgia and more particularly described as follows: To locate the beginning point start an an iron pin on the Land Lot line separating Land Lots 124 and 123; thence south 59 degrees 54 minutes 30 seconds east for a distance of 757.16 feet to an iron pin which is the beginning point; thence south 30 degrees 05 minutes 30 seconds east for a distance of 295.16 feet to a point; thence south 59 degrees 56 minutes 24 seconds west for a distance of 200.00 feet to a point; thence north 30 degrees 05 minutes 30 seconds west for a distance of 295.16 feet to an iron pin; thence north 59 degrees 56 minutes 24 seconds east for a distance of 200.00 feet back to the point of beginning, containing 1.3 acres more or less. Also herein conveyed a 50 foot easement strip to be utilized for road, more particularly described as follows: beginning at an iron pin on the land lot line separating Land Lots 124 and 123; thence north 55 degrees 45 minutes 30 seconds east for a distance of 211.01 feet to an iron pin along southwesterly right of way of Arlado Road; thence south 20 degrees 01 minutes 30 seconds east along southwesterly right of way of Arlado Road for a distance of 51.58 feet to an iron pin; thence south 55 degrees 45 minutes 30 seconds west for a distance of 200.17 feet to a point on Land Lot line separating Land Lot 124 and 125; thence south 59 degrees 54 minutes 30 seconds west for a distance of 758.96 feet to a point; thence north 30 degrees 05 minutes 30 seconds west for a distance of 50.00 feet to an iron pin; thence north 59 degrees 54 minutes 30 seconds east for a distance of 757.16 feet back to a point of beginning. Tax Parcel #6-124-12 All that tract or parcel of land lying and being in Land Lots 124 and 125 of the 6th District, Gwinnett County, Georgia, being Lots 1 through through 13, as shown on final plat for Wayside Industrial Park, recorded in Plat Book 30, Page 6, Gwinnett County Records, to which plat reference is made for a more detailed description.

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Tax Parcel #6-125-004 All that tract or parcel of land lying and being in the 6th Land District of Gwinnett County, Georgia, part of Land Lot 125, containing 18 acres more or less and more particularly described as follows: BEGINNING at a point of the Duluth and Stone Mountain road joining property of Lyman Phillips, thence running in an easterly direction about 2700 feet to Jackson creek; thence North 300 feet to iron stake; thence West approximately 2700 feet to the Duluth and Stone Mountain public road; thence along said Duluth and Stone Mountain Road to the beginning point; The said property is bounded as follows: On the North by lands of F. R. Garner; on the East by lands of now or formerly Lawrence Willett; on the South by lands of now or formerly Lawrence Willett and Lyman Phillips; and on the West by the Duluth and Stone Mountain Road. The described property is that same property conveyed by Warranty Deed from F. R. Garner to M. A. Phillips on September 25, 1946 recorded at Deed Book 81, page 402, Gwinnett County Records. Tax Parcel #6-113-14 All that tract or parcel of land lying and being in Land Lot 113 of the 6th Land District, Gwinnett County, Georgia, containing 1.58 acres, according to plat and survey of Higginbotham and James, Surveyors, dated June 21, 1965, and described particularly according to said plat and survey as follows: To find the place or point of beginning, begin at the point where the center line of Cole Drive intersects the center line of Arcadia Road, and run thence along the center of Cole Drive in a southeasterly direction 1271.9 feet to a point; thence South 36 degrees 12 minutes West 418.6 feet along property of Mrs. Florence Haralson to an iron pin corner, being the place or point of beginning; from said beginning point, run thence South 35 degrees 31 minutes west 168.5 feet to an iron pin corner with property of William A. Cole; thence along property of Cole, North 43 degrees 45 minutes West 410.8 feet to an iron pin with property of Mrs.

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Gwen B. Snyder; thence along Snyder property, North 40 degrees East 150.3 feet to an iron pin corner with other property of Clyde W. Taylor; thence along other property of Taylor, South 51 degrees 20 minutes East 301.2 feet to an iron pin at property of Roy Wood; thence along property of Wood, South 30 degrees 5 minutes East 100 feet to an iron pin corner, being the point of beginning. Tax Parcel #6-113-13 All that tract or parcel of land lying and being in Land Lot 113 of the 6th District of Gwinnett County, Georgia, situated on the southwest side of Camp Creek, also known as Cole Road, and being more particularly described as follows: BEGINNING at a common corner with property of Ellery and Rena T. Hilburn on the southwest side of Camp Creek Road, said corner being located approximately 750 feet from the intersection of the west side of Camp Creek Road with the southerly side of Arcado Road; thence run South 29 degrees 30 minutes East along Camp Creek Road 100 feet to a corner with lands now or formerly owned by Claude Taylor; thence run South 40 degrees West 200 feet along lands of Taylor to corner with property of Ellergy and Rena T. Hilburn; thence run North 29 degrees 30 minutes West along Hilburn property 100 feet to a corner; thence run along Hilburn property 100 feet to a corner; thence run along Hilburn property North 40 degrees East 200 feet to Camp Creek Road and the point of beginning. Tax Parcel #6-113-150 All that tract or parcel of land lying and being in Land Lot 113 of the 6th District of Gwinnett County, Georgia, being described as follows: TO FIND THE POINT OF BEGINNING, begin at an iron pin found at the point where the northwesterly right of way of Kenneth Drive (60 foot right of way) intersects the northwesterly right of way of Cole Drive (80 foot right of way), continue thence across the right of way of Cole Drive South 43 degrees 16 minutes West 83.8 feet to an iron pin set on the southwesterly right of way of Cole Drive; continue

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thence in a southeasterly direction along said right of way an arc distance of 183.1 feet (said arc being subtended by a chord line running South 25 degrees 50 minutes East 183.06 feet to a point) to a point; continue thence along said right of way South 24 degrees 27 minutes East 121.5 feet to an iron pin set and the point of beginning; continue South 36 degrees 28 minutes West 200 feet to a point; thence North 24 degrees 27 minutes West 100 feet to a point; thence North 36 degrees 28 minutes East 200 feet to a point on the southwesterly right of way of Cole Drive; thence along said right of way South 24 degrees 27 minutes East 100 feet to an iron pin set and the point of beginning. Tax Parcel #6-113-155 All that tract or parcel of land lying and being in Land Lot 113 of the 6th District of Gwinnett County, Georgia, and being shown as Tract 1B containing 0.234 acres on a plat of survey prepared for James D. Ivy on November 15, 1982, by A. L. Venable, Jr., Registered Land Surveyor, said plat being recorded at Plat Book , Page , Gwinnett County Records and incorporated herein by reference and said property being more particularly described as follows: TO FIND THE TRUE POINT OF BEGINNING, begin at an iron pin found on the southeasterly right of way line of Lilburn Corinth Road (80 R/W) at the corner common to the property now or formerly owned by W. L. Wehner and M. M. Wehner with the property now or formerly owned by James T. Dillingham; thence South 38 degrees 10 minutes 04 seconds east 695.66 feet to an iron pin and the TRUE POINT OF BEGINNING, thence north 40 degrees 52 minutes 44 seconds east 115.34 feet to an iron pin; thence south 29 degrees 21 minutes 33 seconds east 100.00 feet to an iron pin; thence south 40 degrees 08 minutes 27 seconds west 100.00 feet to an iron pin; thence north 38 degrees 10 minutes 04 seconds west 97.17 feet to an iron pin and the TRUE POINT OF BEGINNING. Tax Parcel #6-113-157 All that tract or parcel of land lying and being in Land Lot 113 of the 6th District of Gwinnett County, Georgia, as

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per plat recorded in Plat Book 21, Page 177, Gwinnett County Records, and being more particularly described as follows: BEGINNING at a point on the Southwesterly right-of-way of Cole Drive, 83.8 feet Southeasterly from the intersection of the Northern 60 foot right-of-way of Kenneth Drive with the 80 foot right-of-way of Cole Drive, and running thence South 24 degrees 27 minutes 00 seconds East, 40 feet; running thence South 36 degrees 28 minutes 00 seconds West, 432.25 feet; running thence North 51 degrees 20 minutes 00 seconds West, 100 feet; running thence North 36 degrees 28 minutes 00 seconds East, 180 feet; running thence South 51 degrees 20 minutes 00 seconds East, 65.02 feet; running thence North 36 degrees 28 minutes 00 seconds East, 270.35 feet to the Southwesterly right-of-way of Cole Drive and the point of beginning. Tax Parcel #6-113-159 All that tract or parcel of land lying and being in Land Lot 113 of the 6th District of Gwinnett County, Georgia, containing 0.421 acres and shown as Tract No. 2 on survey for Wayne Harrison prepared by McNally, Patrick Cole, Inc., Surveyors, dated April 8, 1983, recorded in Plat Book 24, Page 42, Plat Records of Gwinnett County, Georgia, and more particularly described as follows: To find the place or point of beginning, begin at the point of intersection of the northern right of way line of Kenneth Drive (a 60 R/W) with the northeast right of way line of Cole Drive (an 80 R/W) and run thence south 43 degrees 16 minutes west 83.8 feet to a point on the southwesterly right of way line of Cole Drive; run thence southeasterly along the southwesterly right of way line of Cole Drive 204.60 feet to a point, run thence along property now or formerly of Danny Stewart south 36 degrees 28 minutes 00 seconds west 200.0 feet to a point, WHICH IS THE PLACE OR POINT OF BEGINNING; from said beginning point run thence south 24 degrees 17 minutes 00 seconds east 100.00 feet to a point; run thence south 16 degrees 28 minutes 00 seconds west 187.00 feet to an iron pin; run thence north 51 degrees 20 minutes 00 seconds west 87.46

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feet to a point at property now or formerly of Stewart; run thence along property now or formerly of Stewart north 36 degrees 28 minutes 00 seconds east 232.25 feet to the place or point of beginning. Tax Parcel #6-113-161 All that tract or parcel of land lying and being in Land Lot 113 of the 6th District of Gwinnett County, Georgia, containing 0.769 acres as shown on survey for Judy Presley prepared by McNally, Patrick Cole, Inc., Surveyors, dated November 16, 1983, recorded in Plat Book 24, Page 43, Plat Records of Gwinnett County, Georgia, and more particularly described as follows: To find the place or point of beginning, begin at the point of intersection of the northern right of way of Kenneth Drive (a 60 R/W) with the northeast right of way of Cole Road (an 80 R/W) and run thence south 43 degrees 16 minutes west 83.8 feet to a point on the southwesterly right of way line of Cole Drive; run thence southeasterly along said right of way line 124.60 feet to a point, WHICH IS THE PLACE OR POINT OF BEGINNING; from said beginning point run thence along the southwesterly right of way line of Cole Drive a distance of 40.00 feet to a point; run thence south 36 degrees 28 minutes 00 seconds west 270.35 feet to a point; run thence north 51 degrees 20 minutes 00 seconds west 65.02 feet to a point; run thence south 36 degrees 28 minutes 00 seconds west 180.00 feet to a point; run thence north 51 degrees 20 minutes 00 seconds west 113.74 feet to a point; run thence North 40 degrees 04 minutes 00 seconds east 200.00 feet to a point; run thence south 62 degrees 32 minutes 32 seconds east 102.36 feet to a point; run thence south 51 degrees 20 minutes 00 seconds east 29.91 feet to a point; run thence North 36 degrees 28 minutes 00 seconds east 248.22 feet to a point on the southwesterly right of way line of Cole Drive and the place or point of beginning. Tax Parcel #6-113-15 All that tract or parcel of land lying and being in Land Lots 112 and 113 of the 6th District of Gwinnett County, Georgia, and being more particularly described as follows:

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Beginning at an iron pin set on the Southwesterly right-of-way of Cole Drive 1181 feet Southeasterly from the corner formed by the intersection of the Southwesterly right-of-way of Cole Drive with the southeasterly right of way of Arcadia Road; running thence Southeasterly along the Southwesterly right-of-way of Cole Drive 100 feet to an iron pin found; thence running Southwesterly a distance of 172.39 feet to an iron pin found; thence Southwesterly 215.93 feet to an iron pin found; thence Northwesterly 99.90 feet to an iron pin found; thence Northeasterly 397.97 feet to an iron pin found which point is the true point of beginning according to a survey dated October 31, 1983, by Bruner and Associates for Kenneth E. Brown and Decatur Federal Savings and Loan Association, as mortgagee. Tax Parcel #6-113-3 All that tract or parcel of land lying and being in Land Lot 113 of the 6th District of Gwinnett County, Georgia, being more particularly described as follows: BEGINNING at an iron pin on the southeasterly right-of-way of Lilburn-Stone Mountain Road 347.30 feet southwesterly as measured along the southeasterly right-of-way line of Lilburn-Stone Mountain Road from its intersection with the centerline of Cole Drive; running thence southwesterly along the southeasterly right-of-way line of Lilburn-Stone Mountain Road 233.0 feet to an iron pin; thence South 39 degrees 53 minutes 59 seconds East 850.80 feet to an iron pin; thence North 37 degrees 36 minutes 12 seconds East 240.0 feet to an iron pin; thence North 40 degrees 00 minutes 00 seconds West 794.89 feet to the iron pin on the southeasterly right-of-way line of Lilburn-Stone Mountain Road at the point of beginning; being 4.413 acres as shown on plat of survey for William Barber by James E. Carter, Registered Professional Land Surveyor, dated January 30, 1986, being improved property containing a brick and frame dwelling known as 4850 (formerly 5218) Lilburn-Stone Mountain Road, and being the property conveyed by Robert J. Wylie to James T. Dillingham and Mildred W. Dillingham by warranty deed dated October 9, 1975, recorded in Deed Book 1025, Page 6, Gwinnett County Records.

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Tax Parcel #6-113-3A All that tract or parcel of land lying and being in Land Lot 113 of the 6th District of Gwinnett County, Georgia, according to the survey made for Louis Levenson, prepared by Seaton G. Shepherd, Jr., R.L.S. 2136, dated January 21, 1980, and being more particularly described as follows: To arrive at the TRUE POINT OF BEGINNING; begin at the intersection of the Southwesterly side of Cole Drive and the Southwesterly side of Arcado Road; thence Northwesterly along the Southwesterly side of Arcado Road 200 feet to a point at the intersection of the Southwesterly side of Arcado Road and the Southeasterly side of Lilburn-Stone Mountain Road (80 foot right-of-way); thence Southwesterly along the Southeasterly side of Lilburn-Stone Mountain Road 380.0 feet to an iron pin set and the TRUE POINT OF BEGINNING; thence South 39 degrees 29 minutes 40 seconds East 838.89 feet to an iron pin found; thence South 52 degrees 51 minutes 58 seconds East 301.20 feet to an iron pin found; thence South 31 degrees 35 minutes 44 seconds East 99.90 feet to an iron pin found; thence South 34 degrees 00 minutes 43 seconds West 168.70 feet to an iron pin found; thence North 45 degrees 18 minutes 37 seconds West 410.56 feet to an iron pin found; thence North 68 degrees 26 minutes 33 seconds west 310.34 feet to an iron pin found; thence North 30 degrees 30 minutes West 608.65 feet to an iron pin found on the Southeasterly side of Lilburn-Stone Mountain Road; thence Northeasterly along the Southeasterly side of Lilburn-Stone Mountain Road an arc distance of 109.38 feet to a point; thence North 53 degrees 22 minutes 16 seconds East along the Southeasterly side of Lilburn-Stone Mountain Road 93.42 feet to an iron pin set and the TRUE POINT OF BEGINNING. Tax Parcel #6-113-26, 27 All that tract or parcel of land lying and being in Land Lot 113 of the 6th District of Gwinnett County, Georgia, being Lots 5 and 6, Block `A', Unit One of William Bell Estates as shown on plat of survey by Hannon, Meeks Bagwell, Surveyors, dated June 28, 1972, recorded in Plat Book `X', Page 200, Gwinnett County, Georgia records.

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Tax Parcel #6-113-4 All that tract or parcel of land lying and being in Land Lot 113 of the 6th District of Gwinnett County, Georgia, being partially in the City of Lilburn, and being more particularly described as follows: BEGINNING at a point on the southeasterly side of Lilburn-Corinth Church Road, also known as Lilburn-Stone Mountain Road, (based on an 80-foot right of way), 107 feet southwesterly as measured along the southeasterly side of Lilburn-Corinth Church Road and following the curvature thereof, from the intersection formed by the Easterly side of Lilburn-Corinth Church Road and the southerly side of Gregg Drive; thence South 51 degrees 08 minutes East along the southwesterly side of Lot 1, Block `B', Unit One, William Bell Estates, 180 feet to a point; thence South 10 degrees 48 minutes West along the northwesterly line of Lot 2, Block `B', Unit One, William Bell Estates, 110 feet to a point; thence North 53 degrees 27 minutes West along the northeasterly line of property now or formerly owned by Thomas H. Gaines 200.5 feet to a point on the southeasterly side of Lilburn-Corinth Church Road; thence northeasterly along the southeasterly side of Lilburn-Corinth Church Road and then following the curvature thereof, 110 feet to the point of beginning. Being 0.440 acres and described according to Plat of Survey made by Hannon, Meeks Bagwell, Surveyors Engineers, Inc., dated December 6, 1977. Tax Parcel #6-113-4A All that tract or parcel of land lying and being in Land Lot 113 of the 6th District of Gwinnett County, Georgia, and being more particularly described as follows: BEGINNING at an iron pin on the Southeasterly side of Lilburn Corinth Church Road, 1238.4 feet southwesterly as measured along the Southeasterly side of Lilburn Corinth Church Road from the intersection of the Southeasterly side of Lilburn Corinth Church Road and the center line of Arcadia Road; thence South 53 degrees 26 minutes East, 980.9 feet to an iron pin; thence South 36 degrees 14 minutes West, 274.7 feet to an iron pin; thence North 50 degrees 11

Page 3656

minutes West, 623.7 feet to an iron pin; thence South 44 degrees 21 minutes West, 33.6 feet to a 20 inch pine; thence North 53 degrees 41 minutes West, 311.6 feet to an iron pin on the Southeasterly side of Lilburn Corinth Church Road; thence Northeasterly along the Southeasterly side of Lilburn Corinth Church Road, 278.3 feet to an iron pin and the point of beginning. Being described in accordance with plat of survey by Higginbotham James, dated March 20, 1967. Tax Parcel #6-113-8 All that tract or parcel of land lying and being in Land Lot 113 of the 6th District of Gwinnett County, Georgia, located within the city of Lilburn and being more particularly described as follows: BEGINNING at a point located at the northwesterly intersection of the right of way of Lilburn Stone Mountain Road and following the curvature a distance of 1053 feet more or less to a point located on the southeasterly corner of the A. E. Garner property; run thence along the A. E. Garner property in a northwesterly direction a distance of 790 feet to a point; thence northeasterly 160 feet more or less to a point; thence northwesterly 280 feet more or less to a point located on the southerly right of way of Arcado Road in an easterly direction a distance of 600 feet more or less to a point located at the intersection of Lilburn Stone Mountain Road that being the true point of beginning. Tax Parcel #6-113-7 All that tract or parcel of land lying and being in the 6th District of Gwinnett County, Georgia, and part of Land Lot 113, out of the North corner of said Lot, containing fifty-four and one-half (54 1/2) acres, more or less, and bounded now or formerly as follows: On the North by lands of W. M. Pickens and A. T. Jacobs; on the West by A. T. Jacobs and Mrs. R. A. Chumn; on the South by said Mrs. Chumn and Mrs. P. O. Garner, and on the East by lands of C. L. Nash. This being the same property as described in Warranty Deed from A. E. Garner to Mrs. Atta Garner, dated the 8th day of

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January, 1923, recorded Deed Records Gwinnett County, Georgia, Book 36, Page 578. Tax Parcel #6-114-265 All that tract or parcel of land lying and being in Land Lot 114 of the 6th District of Gwinnett County, Georgia, being Lot 17, Block B, Roundtree Subdivision, Unit 4, as per plat recorded in Plat Book 10, page 130, Gwinnett County Records, which plat is incorporated herein by reference and made a part of this description, being improved property. Tax Parcel #6-121-1 All that tract and parcel of land lying and being situate in Land Lot 121 of the 6th Land District of Gwinnett County, Georgia and being known as the Jetta R. Moon homeplace, said property being more particularly described as follows: BEGINNING at a point on the southeasterly right of way of Arcado Road, said point being located 485 feet northeasterly from the intersection formed by the southeasterly right of way line of the said Arcado Road with the southeasterly right of way line of Rockbridge Road as measured along the southeasterly right of way line of said Arcado Road; thence southeasterly 277 feet; thence northeasterly 176 feet; thence northwesterly 247 feet to a point located on the southeasterly right of way line of the said Arcado Road; thence southwesterly along the southeasterly right of way line of the said Arcado Road 176 feet to the point of beginning. Tax Parcel #6-136-2A All that tract or parcel of land lying and being situate in Land Lots 114 and 121 of the 6th Land District of Gwinnett County, Georgia and being shown as 55.06 acres more or less owned now or formerly by Mae Moon, said property being more particularly described as follows: BEGINNING at the intersection formed by the southeasterly right of way line of Arcado Road with the southeasterly

Page 3658

right of way line of Rockbridge Road; thence southeasterly 828 feet more or less to a point located on the line common to Land Lots 121 and 114; thence northeasterly along the said Land Lots line 920 feet more or less to a point; thence southeasterly 150 feet more or less to a point; thence northeasterly 600 feet more or less to a point; thence northwesterly 1,106 feet to a point located on the southeasterly right of way line of Arcado Road; thence northeasterly along the southeasterly side of the said Arcado Road 500 feet more or less to a point located in the center of the Georgia Power easement; thence northwesterly along the center line of the said easement 1,251 feet to a point in the center of a creek; thence southwesterly along the center line of the said creek and along the southeasterly side of Block A Unit One of woods of Parkview Subdivision 1,173 feet to a point; thence southwesterly along the southeasterly side of Block A, Unit One, woods of Parkview Subdivision 589 feet to a point located on the easterly right of way line of Rockbridge Road; thence southerly along the easterly side of Rockbridge Road 150 feet more or less to the intersection formed by the easterly right of way line of Rockbridge Road with the northerly right of way line of Arcado Road; thence southerly over and across Arcado Road to the POINT OF BEGINNING. Tax Parcel #6-121-2A, 8 and 9 All that tract or parcel of land lying and being in Land Lot 121 of the 6th District, Gwinnett County, Georgia, containing 6.994 acres according to a plat by Charles S. Mercer, Jr., registered surveyors, dated July 19, 1968 and being more fully described according to said plat as follows: BEGINNING at an iron pin corner on the original land lot line separating Land Lots 114 and 121, said iron pin being located on the southeasterly right of way line of Rockbridge Road; thence running in a northeasterly and northerly direction along the easterly right of way line of Rockbridge Road a distance of 1,202.4 feet to an iron pin corner; thence south 17 degrees 00 minutes east a distance of 117.5 feet to an iron pin; thence south 22 degrees 00 minutes east a distance of 711.0 feet to an iron pin located on the original land lot line separating Land Lots 114 and 121; thence south 59 degrees

Page 3659

00 minutes west along the original land lot line separating Land Lots 114 and 121 a distance of 720.8 feet to an iron pin located on the easterly right of way line of Rockbridge Road and the same being the point of beginning. Tax Parcel #6-120-319 All that tract and parcel of land lying and being situate in Land Lot 120 of the 6th Land District of Gwinnett County, Georgia and being shown as six acres more or less and being known as a `Recreation Area', said property being more particularly described as follows: BEGINNING at a point where the Northeasterly side of Lot 50, Block E, Unit Three Carrefour Place joins the cul-desac of Nouveau Court; thence northwesterly along the northeasterly side of Lot 50, said block and subdivision 156 feet to a point; thence south-westerly along the northwesterly right of way line of Lot 50 of said block and subdivision 158 feet to a point; thence northwesterly 592 feet to a point located on the line common to Land Lots 120 and 137; thence northeasterly along said Land Lot lines 110 feet to the northwesterly corner of Lot 35, Block C, Unit 6 Carrefour Place Subdivision; thence southeasterly along the southwesterly of Lot 35 said block and subdivision 125 feet to a point; thence southeasterly along the southwesterly side of Lot 35 said block and subdivision 78 feet to a point; thence southeasterly along the southwesterly side of Lot 34 said block and subdivision 153 feet to a point; thence southwesterly along the northeasterly side of Lot 33 said block and subdivision to the southwesterly corner of Lot 33 said block and subdivision; thence southwesterly along the northwesterly side of Lot 49, Block E, Unit 3, Carrefour Place Subdivision 292 feet to a point; thence southeasterly along the southwesterly side of Lot 39 said block and subdivision to a point located on Nouveau Court; thence westerly along the northerly end of the cul-de-sac of Nouveau Court 43 feet to the point of beginning. Tax Parcel #6-137-194 and 21 All that tract and parcel of land lying and being in Land Lot 137 of the 6th Land District of Gwinnett County,

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Georgia, being designated as 26 acres, more or less, on a plat of property from James R. Cruse prepared by Noel W. Cook Surveyor, dated August 14, 1982, as revised September 8, 1982, and more particularly described as follows: To locate the point of beginning, begin at an iron pin and rock found at a corner common to Land Lots 120, 121, 137 and 136; run thence along the land lot line separating land Lots 120 and 137 in a Southwesterly direction, a distance of 400.0 feet to an iron pin, WHICH IS THE PLACE OR POINT OF BEGINNING; run thence South 59 degrees 17 minutes West 985.2 feet to an iron pin; run thence South 61 degrees 08 minutes West 1107.3 feet to an iron pin; run thence North 39 degrees 12 minutes West 345.0 feet to an iron pin on the Southeasterly right of way line of Seaboard Airline Railroad (100 R/W); run thence along said right of way line North 50 degrees 46 minutes East 1916.0 feet to an iron pin; thence continue along said right of way line North 50 degrees 46 minutes East 400.0 feet to an iron pin; run thence South 18 degrees 56 minutes East 732.42 feet to an iron pin, which is the place or point of beginning. Tax Parcel #6-137-206 All that tract or parcel of land lying and being in Land Lot 137 of the 6th Land District, Gwinnett County, Georgia, and being more particularly described as follows: Beginning at an iron pin on the Land Lot line of Land Lot 120 and Land Lot 137, 192.84 feet in a Southwesterly direction from the iron pin and rock at the intersection of Land Lots 120, 121, 136 and 137; thence 207.16 feet in a southwesterly direction along the Land Lot line to an iron pin; thence 416.97 feet in a northwesterly direction to an iron pin; thence 135.0 feet in a northeasterly direction to an iron pin; thence 185.0 feet in a southeasterly direction to an iron pin; thence 272.93 feet in a southerly direction to the iron pin on the Land Lot line of Land Lots 120 and 137 at the point of beginning. The hereinabove described tract as shown on that certain plat of property by Noel W. Cook, Georgia Registered Land Surveyor, for Tressie Marie Bowles and Neil Chaput

Page 3661

de Saintonge, dated October 24, 1980, and recorded in Gwinnett County Records at Plat Book , Page . Tax Parcel #6-137-189 All that tract or parcel of land lying and being in Land Lot 136 and 137 of the 6th District of Gwinnett County as follows: BEGINNING at the iron pin and rock at the intersection of Land Lots 120, 121, 136 and 137; thence 524.22 feet in a Northwesterly direction along the Land Lot line of Land Lot 136 and Land Lot 137 to an iron pin; thence 164.98 feet in a westerly direction to an iron pin; thence 155.0 feet in a northwesterly direction to an iron pin on the south side of the right of way of the 100 foot right of way of the Seaboard Coastline Railroad; thence along said Railroad right of way 50.0 feet in a southwesterly direction to an iron pin; thence 315.45 feet in a southeasterly direction to an iron pin; thence 315.45 feet in a southeasterly direction to an iron pin; thence 135.0 feet in a easterly direction to an iron pin; thence 185.0 feet in a southeasterly direction to an iron pin; thence 272.93 feet in a southerly direction to an iron pin on the line of Land Lot 120 and Land Lot 137 and thence 192.84 feet in a easterly direction along said Land Lot line to the point of beginning. Tax Parcel #6-137-188 All that tract or parcel of land lying and being in Land Lot 137 of the 6th Land District, Gwinnett County, Georgia, and being more particularly described as follows: BEGINNING at an iron pin on the Land Lot line of Land Lots 136 and 137, 524.22 feet in a northwesterly direction from the iron pin and rock at the intersection of Land Lots 120, 121, 136, and 137; thence 160.0 feet in a Northwesterly direction along the Land Lot line to the intersection of the aforesaid Land Lot line and the South side of the right of way of the Seaboard Coastline Railroad; thence 232.4 feet in a Southwesterly direction along the right of way of said Seaboard Coastline Railroad to an iron pin; thence 155.0 feet in a Southeasterly direction to an iron pin;

Page 3662

thence 164.98 feet in a easterly direction to the iron pin on the line of Land Lot 136 and Land Lot 137 at the point of beginning. The hereinabove described tract as shown on that certain plat of property by Noel W. Cook, Georgia Registered Land Surveyor, for Tressie Marie Bowles and Neil Chaput de Saintonge, dated October 24, 1980, and recorded in Gwinnett County Records at Plat Book , Page . Tax Parcel #6-137-85,86,87,88,89 and 90 All that tract or parcel of land lying and being in Land Lot 137 of the 6th District, Gwinnett County, Georgia, being Lot 9,8,7,6,5 and 4, Block B, Harmony Grove Subdivision, Unit 2, as the same appears of record at Plat Book K, Page 160, Gwinnett County Records. Tax Parcel #6-137-178 All that tract and parcel of land lying and being in Land Lot 137 of the 6th Land District of Gwinnett County, Georgia and being a portion of Lot 3, Block B, Unit Two, Harmony Grove Estates, and being more particularly described as follows: BEGINNING at point located at the Northerly side of Jennifer Lane (having a 60 foot right of way), 312.3 feet southeasterly from a point where the northerly side of Jennifer Lane intersects the easterly side of Lions Club Drive; running thence northeasterly 135.3 feet along the line that divides Lots 2 and 3 of said Block and Subdivision; running thence southeasterly a distance of 50.0 feet to a point; running thence southwesterly a distance of 135 feet more or less to a point on the northerly right of way of Jennifer Lane; running thence northwesterly along the northerly side of Jennifer Lane a distance of 50.0 feet to a point and the Point of Beginning. Tax Parcel #6-137-91 All that tract or parcel of land lying and being in Land Lot 137 of the 6th District of Gwinnett County, Georgia, being Part of Lot 3, Block B, Harmony Grove Estates Subdivision, Unit Two, and being more particularly described as follows:

Page 3663

BEGINNING at an iron pin on the northeasterly side of Jennifer Lane, 312.3 feet southeasterly as measured along the northeasterly side of Jennifer Lane from the intersection formed by the northeasterly side of Jennifer Lane and the southeasterly side of Lions Club Drive; thence northeasterly along the southeasterly line of Lot 2 said block and subdivision, 135.3 feet to an iron pin; thence southeasterly along the northeasterly line of Lot 3, of said block and subdivision according to Plat recorded in Plat Book N, page 160, 50 feet to a point; thence southwesterly 135.3 feet to a point on the northeasterly side of Jennifer Lane; thence northwesterly along the northeasterly side of Jennifer Lane 50 feet to the iron pin at the point of beginning. Tax Parcel #6-137-93 All that tract or parcel of land lying and being in Land Lot 137 of the 6th District of Gwinnett County, Georgia, being known and designated as Lot 2, Block B, Harmony Grove Estates, Unit No.2, according to Plat recorded in Plat Book N, Page 160, Gwinnett County, Georgia records. Tax Parcel #6-137-13,12,11,10,9 and 8 All that tract or parcel of land lying and being Lots 17,16,15 and 14, 13 and 12 of the Subdivision of L. O. Lankford Property as shown and delineated on plat of survey of Gordon Nalley, Engineer, dated February 15, 1951. Tax Parcel #6-137-7 All that tract or parcel of land lying and being in Land Lot 137 of the 6th District of Gwinnett County, Georgia, and being more particularly described as follows: BEGINNING on the Southwesterly side of Rockbridge Road at a point 74 feet southeasterly from the original northeastern corner of the J. L. Bishop property, which corner is located 400 feet southeasterly, measured along Rockbridge Road, from the Lawrenceville and Decatur Public Highway, and running from said beginning point southeasterly along the southwestern side of Rockbridge Road, and following the curvature thereof, a distance of 299 feet to a point at or near an electric light pole; thence southwesterly south 27 degrees west 356 feet to a made corner;

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thence northwesterly (North 33-3/4 degrees west) 274 feet to a made corner; thence northeasterly (North 9-1/2 degrees east) 170 feet to Rockbridge Road at the point of beginning, said tract of land containing 1.4 acres, as per plat of survey of same made by G. L. Veal, Surveyor, dated October 4, 1947. This tract of land being the same as that described in a deed from J. L. Bishop to Clinton Swain dated October 13, 1947, and recorded in Deed Book 62, Page 571, Gwinnett County Records. ALSO: All that tract or parcel of land lying and being in Land Lot 137 of the 6th District of Gwinnett County, Georgia, and being more particularly described as follows: BEGINNING on the western said of Rockbridge Road and running southerly from the main Lawrenceville Highwaybeginning at the northwest corner of Clinton Swain's property running northwesterly 74 feet, more or less. Running southwesterly 53-1/2 degrees 238 feet, more of less, thence southeasterly 37-1/2 degrees 396 feet, more or less; thence easterly 150 feet, more of less, to the southwest corner of Clinton Swain's property and Avery Bishop; then northwesterly 33-1/4 degree 274 feet, more or less; thence northeasterly 9-1/2 degrees 170 feet to a starting point on Rockbridge Road. This being the same tract of land described in a deed dated 4/25/53, from Jesse Lee Bishop to Clinton H. Swain. Tax Parcel #6-137-6 and 186 All that tract or parcel of land lying and being in Land Lot 137 of the 6th Land District, Gwinnett County, Georgia, and more particularly described as follows: To locate the point of beginning begin at a point in the center of Rockbridge Road located 933 feet southeast as measured along the center line of said road from U.S.Highway No.29; run thence South 44 degrees 00 minutes West 40 feet to a point on the southwest right of way line of Rockbridge Road and THE PLACE OR POINT OF BEGINNING; run thence South 44 degrees 00 minutes West 325 feet to a corner; run thence North 33 3/4 degrees West 60 feet to a corner; run thence North 27 degrees East 356 feet more or less to a point on the southwest right of way line of Rockbridge Road; run thence southeast along said right of way 160 feet more or less to the place or point of beginning.

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Tax Parcel #6-137-163 All that tract or parcel of land lying and being in Land Lot 137 of the 6th Land District, Gwinnett County, Georgia and being more particularly described as follows: BEGINNING at a point on the Southwesterly side of Rockbridge Road, Seven Hundred seventy-three (773) feet Southeasterly, as measured along the Southwesterly side of Rockbridge Road, from the Lawrenceville-Decatur Public Highway; thence South 27 degrees West along the Southeasterly line of property now or formerly belonging to Swain, Three Hundred fifty-six (356) feet to a point; thence 33 3/4 degrees East, one hundred (100) feet to a point; thence North 44 degrees East, along the Northwesterly side of a 50 foot proposed street, Three Hundred sixty-five (365) feet to a point on the Southwesterly side of Rockbridge Road; thence Northwesterly, along the Southwesterly side of Rockbridge Road, Two hundred (200) feet to the point of beginning; being described in accordance with a plat of survey for J. L. Bishop by G.L. Veal, dated October 4, 1947. Tax Parcel #6-137-3 All that tract or parcel of land lying and being in Land Lot 137 of the 6th District, Gwinnett County, Georgia, being more particularly described as follows: BEGINNING at an iron pin on the southwesterly side of Rockbridge Road, 892 feet southeasterly as measured along the southwesterly side of Rockbridge Road from the center line of Rockbridge Circle; thence southeasterly along the southwesterly side of Rockbridge Road, 100 feet to an iron pin; thence southwesterly along the northwesterly line of property now or formerly owned by Mrs. J. W. King, 361.5 feet to an iron pin; thence northwesterly 100 feet to an iron pin; thence northeasterly along the southeasterly line of property now of formerly owned by Hoffman, and forming an interior angle of 99 degrees 15 minutes with the preceding course, 366.6 feet to the iron pin at the point of beginning. Being described according to Plat by B. J. Goble, Jr., dated May 6, 1966. Tax Parcel #6-137-4

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All that tract or parcel of land lying and being in Land Lot No. 137 of the 6th Land District of Gwinnett County, Georgia, and consisting of 3.3 acres, more or less, and which is part of that land shown on a plat prepared by G.L. Veal, Surveyor, October 4, as follows: BEGINNING, at an iron pin on the southwestern side of Rockbridge Road and at a newly cut 50 feet street; thence along the southwestern side of Rockbridge Road for a distance of 250 feet to an iron pin to the lands of J. L. Bishop, thence in a south 27 degrees west direction along the lands of J. L. Bishop for a distance of 550 feet; thence in a north 33 3/4 degrees west direction for a distance of 415 feet to the southeasterly side of said newly cut street; thence along the said new street in a north 44 degrees east direction for a distance of 365 feet to the beginning point on Rockbridge Road. The above described newly cut street is merely a proposed new street as of this date, but is shown on a revised plat of S. R. Fields, Surveyor, made in October 1956 as a street. Tax Parcel #6-137-2, 179 All that tract or parcel of land lying and being in Land Lot 137 of the 6th Land District, Gwinnett County, Georgia; this being a portion of land deeded to Mrs. J. W. King on August 23, 1955, described as follows: BEGINNING; (150 ft) from the corner formed at the southwestern side of Rockbridge Road of the 5.1 acres. then running southwesterly along the property of Mrs. J. W. King, a distance of (400 Ft.) then southeasterly, paralleled with Rockbridge Road, a distance of (100 Ft) to a made corner; then northeasterly east a distance of (400 Ft) along lands of J. L. Bishop, to a corner on the southwestern side of Rockbridge Road, then a northwesterly direction along Rockbridge Road a distance of (100 Ft) and to the point of beginning. This being a portion of the property deeded to Mrs. J. W. King, on August 23, 1955 from Holman C. Adams, and is recorded in book #117 Folio 498 of the Gwinnett County Records. Tax Parcel #6-137-1A and 1B

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All that tract or parcel of land lying and being in Land Lot 137, 6th District, Gwinnett County, Georgia, being more particularly described as follows: BEGINNING at a point located in the center of a wood bridge, as formerly located, at its intersection with the centerline of Rockbridge Road, as formerly located, said point of beginning being one thousand two hundred forty-three (1,243) feet northwesterly, as measured along the centerline of Rockbridge Road, as formerly located, from the intersection of the centerline of Rockbridge Road, as formerly located, with the 100 foot right of way of the Seaboard Air Line Railroad; running thence southwesterly along the centerline of a branch and following the meanderings thereof, seven hundred forty-five (745) feet, more or less, to property now or formerly owned by Lilburn Lions Club; running thence north 43 degree 08 minutes west, along the northeasterly line of said Lilburn Lions Club property, five hundred ninety-nine and eight tenths (599.8) feet, more or less, to an iron pin and property now or formerly owned by B. L. Stanley; running thence north 27 degrees 30 minutes east, along the southeasterly line of said Stanley property, one hundred fifty (150) feet to an iron pin and property now of formerly owned by L. C. King; running thence south 53 degrees 21 minutes east, along the southwesterly line of said King property, two hundred forty-nine and one tenth (249.1) feet to an iron pin; running thence north 27 degrees 17 minutes east, along the southeasterly line of said King property, four hundred (400) feet to a nail located in the centerline of Rockbridge Road, as formerly located; running thence south 65 degrees 46 minutes east, along the centerline of Rockbridge Road, as formerly located, three hundred eighty-eight and eight tenths (388.8) to the centerline of a branch and the point of beginning, being improved property having a one story brick and frame house thereon and being more particularly shown on survey prepared by Georgia Land Surveying Co., Inc., dated April 5, 1976. Tax Parcel #6-137-162 All that tract or parcel of land lying and being in Land Lot 137, 6th District, Gwinnett County, Georgia, being more particularly described as follows:

Page 3668

BEGINNING at an iron pin found at the common corner of Land Lots 136, 137, 145, and 146, 6th District, Gwinnett County, Georgia; running thence south 10 degrees 32 minutes 38 seconds west, two hundred thirty-three and thirteen hundredths (233.13) feet to an iron pin found; running thence south 58 degrees 06 minutes 10 seconds west four hundred one and seventy-nine hundredths (401.79) feet to an iron pin found on the northeasterly right-of-way of Rockbridge Road (60-foot right-of-way); running thence northwesterly along the northeasterly right-of-way of Rockbridge Road and following the curvature thereof (said arc being subtended by a chord running north 75 degrees 41 minutes 24 seconds west a distance of two hundred sixty-six and ninety-three hundredths (266.93) feet), two hundred sixty-seven and five tenths (267.5) feet to an iron pin found; running thence north 56 degrees 20 minutes east, two hundred twenty and four tenths (220.4) feet to a concrete monument; running thence north 39 degrees 45 minutes west, two and three tenths (2.3) feet to an iron pin found; running thence north 61 degrees 21 minutes east, five hundred twenty-four and seven tenths (524.7) feet to the iron pin found at the common corner of Land Lots 136, 137, 145, and 146, and the point of beginning, being improved property having a house thereon known as 282 Rockbridge Road, according to the present system of numbering houses in Gwinnett County, Georgia, and being more particularly shown on survey prepared by Georgia Land Surveying Co., Inc., dated November 9, 1982. Tax Parcel #6-137-197 All that tract or parcel of land lying and being in Land Lot 137 of the 6th District of Gwinnett County, Georgia, and being described according to survey prepared for David Purvis, by Robert E. Horlbeck, professional land surveyor, dated June 8, 1978 and being more particularly described as follows: To arrive at the TRUE POINT OF BEGINNING, begin at Land Lot Corner common to Land Lots 145, 146, 137 and 136; running thence south 08 degrees 15 minutes 01 seconds west a distance of 233.13 feet to an iron pin set; running thence south 55 degrees 30 minutes 51 seconds west of a distance of 206.79 feet to a point; running thence south 55 degrees 39 minutes 46 seconds east a distance of 109.52 feet to the true point of beginning; running thence south 58 degrees 28 minutes 53 seconds west a distance of

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187.92 feet to a point located on the northeasterly side of right of way of Rockbridge Road (60 R/W); running thence south 54 degrees 54 minutes 54 seconds east as measured along the northeasterly side of right of way of Rockbridge Road a distance of 103.72 feet to a point; running thence 59 degrees 49 minutes 59 seconds east a distance of 280.11 feet to a point; running thence north 55 degrees 42 minutes 35 seconds west a distance of 92.07 feet to a point; running thence south 68 degrees 59 minutes 26 seconds west a distance of 97.31 feet to the true point of beginning; said tract contains 0.607 acres. Tax Parcel #6-137-180 All that tract or parcel of land lying and being in Land Lots 136 and 137 of the 6th District of Gwinnett County, Georgia, and being more particularly described as follows: TO ARRIVE AT THE TRUE POINT OF BEGINNING, begin at the Land Lot corner common to Land Lots 145, 146, 137 and 136; thence run northeasterly along Land Lot line dividing Land Lots 136 and 146 North 58 degrees 17 minutes 54 seconds East a distance of 134.74 feet to an iron pin found on said land lot line; thence running south 37 degrees 17 minutes 02 seconds east a distance of 330.58 feet to an iron pin found; thence continuing South 37 degrees 17 minutes 02 seconds East a distance of 40.00 feet to a point; thence continue South 37 degrees 17 minutes 02 seconds East a distance of 20.86 feet to a point; thence running south 28 degrees 01 minutes 52 seconds east a distance of 118.38 feet to an iron pin found; thence running south 61 degrees 08 minutes 00 seconds west along property now or formerly belonging to Mrs. W. Stanley a distance of 388.60 feet to a point; thence running north 55 degrees 42 minutes 35 seconds west a distance fo 218.48 feet to a point at the true point of beginning; running thence south 55 degrees 42 minutes 35 seconds east a distance of 109.24 feet to a point; running thence south 59 degrees 49 minutes 59 seconds west a distance of 191.44 feet to point located on the northeasterly side of right of way of Rockbridge Road (60 R/W) running thence North 54 degrees 54 minutes 54 seconds West as measured along the northeasterly side of right of way of Rockbridge Road (60 R/W) a distance of 103.72 feet to a point; running thence north 58 degrees 28 minutes 53 seconds east a distance of 187.92 feet to the true point of beginning; said tract contains 0.422 acres according to plat of survey by Horlbeck Associates, dated June 8, 1978.

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Tax Parcel #6-136-2A All that tract or parcel of land lying and being in Land Lots 136 and 137 of the 6th Land District, Gwinnett County, Georgia containing 5 acres as shown and delineated on plat of survey of S. R. Fields, Surveyor, April 21, 1966, recorded in the office of the Clerk of Gwinnett Superior Court in Plat Book M Page 294, plat records of Gwinnett County, and described more fully as follows: To find the POINT OR PLACE OF BEGINNING, begin in the center of the intersection of Rockbridge Road and Rockbridge Circle, and run thence in a southeasterly direction along the center line of Rockbridge Road a distance of 630.4 feet to a point; thence running North 62 degrees 15 minutes East a distance of 332.9 feet to an iron pin, WHICH IS THE POINT OR PLACE OF BEGINNING: thence running north 62 degrees 15 minutes East 654.7 feet to an iron pin; thence running south 28 degrees 1 minute East a distance of 354 feet to an iron pin; thence running South 63 degrees 20 minutes West a distance of 597 feet to an iron pin; thence running North 37 degrees 36 minutes West a distance of 347.8 feet to an iron pin, which is the point or place of beginning. Tax Parcel #6-145-5 All that tract or parcel of land lying and being situate in Land Lot 145 of the 6th Land District of Gwinnett, County, Georgia, being more particularly described as follows: BEGINNING at a pin on the original land lot line north of Lawrenceville-Decatur public road joining Seth Greer, running north 31 degrees west 1009 feet to rock; thence south 55 degrees west 223 feet to rock; thence south 31 degrees east 1053 feet to within fifteen feet of pavement of Decatur highway; thence north 42 degrees east 226 feet to within fifteen feet of the said highway to pin at starting point. Said tract is off the S. W. Fountain Farm, and is bounded on the north by Darling Carroll Estate; East by lands of Seth Greer, south by Lawrenceville Decatur highway; west by John Carroll Estate. Said description is in accordance with the blue print of survey made by G. L. Veal, December 5, 1936. Said tract contains 5.21 acres of land. BEING the same property conveyed to O. A. Hazelrigs from Julia Brand

Page 3671

Sasnett and Julia Brand Nell, Executrices of the Estate of C. H. Brand by warranty deed recorded in Deed Book 60, 430, Office of the Clerk of Superior Court, Gwinnett County, Georgia. Tax Parcel #6-145-281 All that tract or parcel of land lying and being in Land Lot 145 of the 6th District of Gwinnett County, Georgia, and being more particularly described as follows: TO FIND THE TRUE POINT OF BEGINNING, commence at a point located at the intersection of the northwesterly right of way line of U. S. Highway No. 29 (S.R. No. 8) and the northeasterly right of way line of Rockbridge Road (an 80 foot right of way), if such right of way lines were extended in straight lines so as to intersect; thence running North 51 degrees 18 minutes 43 seconds East, a distance of 32.04 feet to a point located on the northwesterly right of way line of U.S. Highway No. 29; thence running along said right of way line North 51 degrees 18 minutes 43 seconds East, a distance of 502.64 feet to a point; thence running along an arc of a curve to the left with a radius of 1082.89 feet (said arc being subtended by a chord bearing North 49 degrees 28 minutes 39 seconds East and having a length of 69.33 feet) a distance of 69.34 feet to a point; thence running North 42 degrees 21 minutes 25 seconds West, a distance of 16.00 feet to a point; thence running along an arc of a curve with a radius of 1066.89 feet (said arc being subtended by a chord bearing North 47 degrees 23 minutes 19 seconds East and having a length of 9.47 feet), a distance of 9.47 feet to a point; thence running South 42 degrees 51 minutes 56 seconds East, a distance of 16.00 feet to a point; thence running along an arc of a curve to the left with a radius of 1082.89 feet (said arc being subtended by a chord bearing North 44 degrees 38 minutes 51 seconds East and having a length of 93.98 feet), a distance of 94.01 feet to a point and the TRUE POINT OF BEGINNING; from said TRUE POINT of beginning thence leaving said right of way line of U. S. Highway No. 29 and running North 46 degrees 44 minutes 55 seconds West, a distance of 566.50 feet to a point; thence running along an arc of a curve to the left with a radius of 954.93 feet (said arc being subtended by a chord bearing North 52 degrees 54 minutes 42 seconds West and having a length of 205.03 feet), a distance of 205.43 feet to a point; thence running North 59 degrees 4 minutes 28 seconds West, a distance of 589.08 feet to a point located on

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the easterly right of way line of Dickens Road (a 60 foot right of way); thence running along an arc of a curve to the left along said right of way line of Dickens Road with a radius of 1355.36 feet (said arc being subtended by a chord bearing North 3 degrees 42 minutes 53 seconds West and having a length of 209.70 feet), a distance of 209.90 feet to a point of tangent; thence running along said right of way line North 8 degrees 9 minutes 4 seconds West, a distance of 89.90 feet to an iron pin set; thence running North 66 degrees 25 minutes 0 seconds East, a distance of 1251.66 feet to an iron pin found; thence running South 30 degrees 4 minutes 27 seconds East, a distance of 1028.67 feet to a point located on the northwesterly right of way line of U. S. Highway No. 29; thence running along said right of way line South 44 degrees 14 minutes 2 seconds West, a distance of 150.36 feet to a point; thence running along an arc of a curve to the left with a radius of 1681.05 feet (said arc being subtended by a chord bearing South 38 degrees 8 minutes 2 seconds West and having a length of 357.27 feet), a distance of 357.95 feet to a point; thence running South 32 degrees 2 minutes 2 seconds West, a distance of 214.89 feet to a point; running thence along an arc of a curve to the right with a radius of 1082.89 feet (said arc being subtended by a chord bearing South 37 degrees 5 minutes 50 seconds West and having a length of 191.15 feet), a distance of 191.39 feet to a point and the TRUE POINT OF BEGINNING, said tract containing 32.978 acres total, according to that survey for Mrs. Mildred C. Martin, prepared by Benchmark Engineering Corp., A. Farrow Walls, Georgia Registered Land Surveyor No. 2140, dated September 12, 1979, last revised March 28, 1985. Tax Parcel #6-145-272 All that tract or parcel of land lying and being in Land Lot 145 of the 6th District, Gwinnett County, Georgia, being more particularly described as follows: BEGINNING at a point on the northeast boundary of the right of way of Rockbridge Road, which point is located North 38 degrees 05 minutes 47 seconds West 36.56 feet from the intersection of the northwest boundary of U. S. Highway No. 29 (88 foot right of way) and the northeast boundary of the right of way of Rockbridge Road (80 foot right of way), if said rights of way were extended to form a right angle; thence running North 38 degrees 5 minutes 47 seconds West along the northeast boundary of the

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right of way of Rockbridge Road 322.43 feet to a point; thence continuing along the northeast boundary of the right of way of Rockbridge Road and following the arc of a curve to the right (said curve having a radius of 2,137.82 feet and a chord bearing North 30 degrees 47 minutes 42 seconds West, 543.38 feet), 544.85 feet to a point; thence continuing along the eastern boundary of the right of way of Rockbridge Road and following the arc of a curve to the right (said curve having a radius of 2,370.39 feet and a chord bearing north 20 degrees 28 minutes 17 seconds West 164.19 feet), 164.22 feet to a point; thence North 18 degrees 29 minutes 12 seconds West along the eastern boundary of the right of way of Rockbridge Road and the southeastern boundary of the right of way of Dickens Road (60 foot right of way) 46.81 feet to an iron pin; thence continuing along the southeastern boundary of the right of way of Dickens Road North 7 degrees 53 minutes 40 seconds East, 152.05 feet to a point; thence continuing along the southeast boundary of the right of way of Dickens Road and following the arc of a curve to the left (said curve having a radius of 1,355.36 feet and a chord bearing North 4 degrees 18 minutes 31 seconds West, 169.55 feet), 169.67 feet to a point; thence South 59 degrees 4 minutes 28 seconds East, 589.08 feet to a point; thence southeasterly along the arc of a curve to the right (said curve having a radius of 954.93 feet and a chord bearing South 52 degrees 54 minutes 42 seconds East, 205.03 feet), 205.43 feet to a point; thence South 46 degrees 44 minutes 55 seconds East, 566.50 feet to a point on the northwest boundary of the right of way of U. S. Highway No. 29; thence southwesterly along the northwest boundary of the right of way of U. S. Highway 29 and following the arc of a curve to the right (said curve having a radius of 1,082.89 feet and a chord bearing South 44 degrees 38 minutes 51 seconds West, 93.98 feet), 94.01 feet to a point; thence continuing along the northwest boundary of the right of way of U. S. Highway 29 North 42 degrees 51 minutes 56 seconds West, 16.00 feet to a point; thence continuing along the northwest boundary of the right of way of U. S. Highway 29 and following the arc of a curve to the right (said curve having a radius of 1,066.89 feet and a chord bearing South 47 degrees 23 minutes 19 seconds West, 9.47 feet), 9.47 feet to a point; thence continuing along the northwest boundary of the right of way of U. S. Highway No. 29 South 42 degrees 21 minutes 25 seconds East, 16.00 feet to a point; thence continuing along the northwest boundary of the right of way of U. S. Highway 29 and following the arc of a curve to the right (said curve having a

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radius of 1,082.89 feet and a chord bearing South 49 degrees 28 minutes 39 seconds West, 69.33 feet), 69.34 feet to a point; thence continuing along the northwest boundary of the right of way U.S. Highway 29 South 51 degrees 18 minutes 43 seconds West, 502.64 feet to a point; thence continuing along the northwest boundary of the right of way of U.S. Highway No. 29 North 79 degrees 34 minutes 54 seconds West, 48.36 feet to the POINT OF BEGINNING; said tract being designated as Tract I A and containing 15.291 acres according to plat of survey for Mrs. Mildred C. Martin, dated September 12, 1979, last updated September 15, 1983, prepared by Benchmark Engineering Corp. Tax Parcel#6-145-26 All that tract or parcel of land lying and being situate in Land Lot 145 of the 6th Land District of Gwinnett County, Georgia, and being more particularly described in accordance with a plat of survey for John B. Munson, revised September 26, 1986, by Precision Planning, Inc., Randall W. Dixon, Ga. Reg. Land Surveyor No. 1678, as follows: TO FIND THE TRUE POINT OF BEGINNING, commence at the imaginary point of intersection of the eastern margin of the right of way (80 feet in width) for Harmony Grove Road with the southern margin of the right of way for U.S. Highway 29 (right of way varies in width) (which point would exist if said margins were extended to form a point of intersection); proceed thence North 50 degrees 17 minutes 44 seconds East 35.85 feet to an iron pin set at the TRUE POINT OF BEGINNING hereof; running thence North 50 degrees 17 minutes 44 seconds East 114.28 feet to an iron pin set; thence running South 08 degrees 20 minutes 49 seconds East 162.03 feet to an iron pin found; thence running South 50 degrees 17 minutes 44 seconds West 130.12 feet to an iron pin set; thence running North 22 degrees 50 minutes 28 seconds East 59.11 feet to the true point of beginning hereof. This property contains 0.4666 acres, more or less, and is a portion of the same land conveyed to William Edward Carroll by Executor's Deed recorded in Deed Book 627, page 231, Gwinnett County, Georgia records. Tax Parcel#6-145-202

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All that tract or parcel of land lying and being in Land Lot 145 of the 6th District of Gwinnett County, Georgia, being more particularly described as follows: BEGINNING at a point on the northeast right of way of Harmony Grove Church Road (80 foot right of way), South 8 degrees 21 minutes East, 175 feet, as measured along the northeast right of way of Harmony Grove Church Road, from its intersection with the southeast right of way of U.S. Highway No. 29 (50 foot right of way); running thence North 50 degrees 17 minutes 41 seconds East, 150 feet to an iron pin; thence North 8 degrees 21 minutes West, 145.68 feet to a point on the southeast side of the right of way of U.S. Highway No. 29 (100 foot right of way at this point); thence North 50 degrees 17 minutes 41 seconds East along the right of way of U.S. Highway No. 29, 386.41 feet to a point; thence South 29 degrees 25 minutes 47 seconds East, 411.36 feet to an iron pin on the northwest right of way of Rockbridge Circle (40 foot right of way); thence South 59 degrees 18 minutes 36 seconds West, along the southern boundary of Land Lot 145, 655.2 feet to an iron pin on the northeast right of way of Harmony Grove Church Road; thence North 8 degrees 21 minutes West along the northeast right of way of Harmony Grove Church Road, 208.08 feet to the point of beginning; said tract containing 4.525 acres and being designated as Tract C according to a plat of survey for Metro Shopping Centers, Inc., et al, by Ross/Lee Consulting Engineers, Incorporated, dated July 19, 1978. Tax Parcel#6-145-25, 24, 23, and 22 All that tract or parcel of Land Lying and being in Land Lot 145 of the 6th Land District of Gwinnett County, Georgia being Lots 5, 4, 3, and 2 of a subdivision of land of T. F. Tisinger, as shown of a blue print of said subdivision prepared by Gordon Nalley, Engineer, from survey of April 7, 1950. Tax Parcel#6-145-21 All that tract or parcel of land lying and being in Land Lot 145 of the 6th District of Gwinnett County, Georgia, as per boundary and topographic plat of survey prepared for Meyers Brothers by E. A. Anderson Associates, Engineers-

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Planners-Surveyors, dated May 10, 1984, and being more particularly described as follows: BEGINNING at a point located at the intersection of the southeast right of way of Lawrenceville Highway, also known as U.S. Highway 29 (having an 88 foot right of way) and the southwest right of way of Rockbridge Road (having a 30 foot right of way); thence running south 71 degrees 18 minutes 20 seconds east a distance of 82.83 feet along the southwest right of way of Rockbridge Road to an iron pin; thence continuing along said right of way 46 degrees 37 minutes 58 seconds east a distance of 7.5 feet to a point; thence continuing along said right of way an arc distance of 141.03 feet to a point (said arc being subtended by a chord bearing south 49 degrees 56 minutes 22 seconds east and having a distance of 140.96 feet); thence continuing along said right of way south 53 degrees 29 minutes 02 seconds east a distance of 219.32 feet to an iron pin; thence leaving said right of way traveling south 57 degrees 03 minutes 40 seconds west a distance of 250.58 feet to an iron pin; thence running north 38 degrees 41 minutes 03 seconds west a distance of 395.10 feet to an iron pin located on the southeast right of way of Lawrenceville Highway; thence running along said right of way an arc distance of 58.03 feet to an iron pin (said arc being subtended by a chord bearing north 49 degrees 21 minutes 55 seconds east and having a distance of 58.02 feet); thence leaving said right of way and traveling south 42 degrees 03 minutes 16 seconds east a distance of 16 feet to an iron pin; thence running north 47 degrees 41 minutes 28 seconds east a distance of 10.54 feet to an iron pin; thence running north 42 degrees 33 minutes 47 seconds west a distance of 16 feet to an iron pin located along the southeast right of way of Lawrenceville Highway; thence running along said right of way an arc distance of 51.95 feet (said arc being subtended by a chord bearing of north 46 degrees 09 minutes 57 seconds east and having a distance of 51.94 feet) to the point of beginning. Tax Parcel#6-145-20, 20A, 20B, and 19 All that tract or parcel of land lying and being in Land Lot 145 of the 6th District of Gwinnett County, Georgia, and being Lots 11, 10, 9, 8, and 7 of the L. O. Lankford Property,

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as per plat recorded in Plat Book E, page 230 of the Gwinnett County Superior Court Records. Tax Parcel#6-145-15 All that tract or parcel of land lying and being in Land Lot 145 of the 6th District, Gwinnett County, Georgia, and being more particularly described as follows: BEGINNING at a 1/2 rebar on the southerly right of way line of Lawrenceville Highway (U.S. Highway 29, S.R. 8) (having a 100 foot right of way) at its intersection with the northeastern right of way line of Rockbridge Road (having a variable right of way); thence along the right of way line of Lawrenceville Highway North 36 degrees 53 minutes 53 seconds East, 26.55 feet to a point; thence North 37 degrees 13 minutes 00 seconds East, 50.00 feet to a point; thence North 33 degrees 43 minutes 00 seconds East, 50.00 feet to a point; thence North 34 degrees 28 minutes 57 seconds East, 51.02 feet to an axle; thence South 40 degrees 54 minutes 05 seconds East 171.13 feet to a 1/2 rebar; thence South 51 degrees 02 minutes 55 seconds West, 149.58 feet to a 1/2 rebar on the varying right of way line of Rockbridge Road; thence continuing along said right of way line South 51 degrees 02 minutes 55 seconds West 24.85 feet to a 1/2 rebar; thence following the curvature of said right of way line an arc distance of 45.06 feet, said curve having a radius to the northwest of 1191.23 feet and being subtended by a chord of 45.05 feet, with a chord bearing of North 48 degrees 01 minute 02 seconds West to a point; thence North 49 degrees 06 minutes 03 seconds West along said right of way line 7.50 feet to a 1/2 rebar; thence North 34 degrees 04 minutes 10 seconds West along said right of way line 71.56 feet to a 1/2 rebar and the POINT OF BEGINNING, all as shown on plat of survey for Exxon Company U.S.A. prepared by Metro Engineering and Surveying Co., Inc. (bearing the certification of Chester M. Smith, Jr., Ga. R.L.S. No. 1445), dated November 14, 1984 and revised December 3, 1984, and containing according to said survey 0.592 acres. Tax Parcel#6-145-15A

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All that tract or parcel of land lying and being in Land Lot 145 of the 6th Land District, Gwinnett County, Georgia and described as follows: BEGINNING at an iron pin corner located on the northeast side of the Rockbridge Road at other lands of Clifford M. Towery, said point of beginning being 200 feet in a northwest direction, as measured along the Rockbridge Road, from the point of intersection of said road with the original land lot line dividing land lots 137 and 145 of the 6th district; thence northeast direction for 248 feet to an iron pin corner located at lot 2 of the T.F. Tisinger's Property as shown by a plat of survey by Gordon Nalley, Engr., dated May 19, 1947; thence northwest along said lot 2 for 91 feet to an iron pin; thence southwest along other property of William D. Tiller for 248 feet, more or less, to the northeast side of Rockbridge Road; thence southeast along the northeast side of said road for 91 feet to the point of beginning. Tax Parcel #6-145-15B All that tract or parcel of land lying and being in Land Lot 145 of the 6th District of Gwinnett County, Georgia, and being more particularly described as follows: TO FIND THE TRUE POINT OF BEGINNING, begin at a 1/2 rebar on the southerly right of way line of Lawrenceville Highway (U.S. 29, S.R. 8) (having a 100 foot right of way) at its intersection with the northeastern right of way line of Rockbridge Road (having a varying right of way); thence South 34 degrees 04 minutes 10 seconds East along the Rockbridge Road right of way line 71.56 feet to a 1/2 rebar; thence continuing along said right of way line South 49 degrees 06 minutes 03 seconds East, 7.50 feet to a point; thence following the curvature of said right of way line an arc distance of 45.06 feet, said curve having a radius to the northwest of 1191.23 feet and being subtended by a chord of 45.05 feet with a chord bearing of South 48 degrees 01 minutes 02 seconds East to a 1/2 rebar; thence along an offset in right of way North 51 degrees 02 minutes 55 seconds East, 24.85 feet to a 1/2 rebar and the TRUE POINT OF BEGINNING; thence North 51 degrees 02 minutes 55 seconds East, 149.58 feet to a 1/2 rebar; thence South 41

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degrees 45 minutes 22 seconds East, 80.53 feet to a 1/2 rebar; thence South 60 degrees 04 minutes 50 seconds West, 140.14 feet to a 1/2 rebar on the northeasterly right of way line of Rockbridge Road; thence along said right of way North 53 degrees 27 minutes 09 seconds West, 60.36 feet to a 1/2 rebar and the POINT OF BEGINNING, all as shown on plat of survey for Exxon Company U.S.A. prepared by Metro Engineering and Surveying Co., Inc. (bearing the certification of Chester M. Smith, Jr., Ga. R.L.S. No. 1445), dated November 14, 1984 and revised December 3, 1984, and containing according to said survey 0.227 acre. Tax Parcel #6-145-15C All that tract or parcel of land lying and being in Land Lot 145 of the 6th Land District, Gwinnett County, Georgia, being 0.580 acres as shown on plat of survey for William David Tiller, Jr. by Hannon, Meeks Bagwell, Surveyors Engineers, Inc., dated September 20, 1976, and more particularly described as follows: BEGINNING at an iron pin on the Northeast right of way line of Rockbridge Road (80R/W) located 186.6 feet Southeast as measured along said right of way line from its intersection with the Southeast right of way line of U.S. Highway 29 (60R/W); run thence North 59 degrees 57 minutes East along property now or formerly owned by C. H. Price a distance of 140.14 feet to an iron pin; continue thence North 55 degrees 14 minutes East along property now or formerly owned by Mrs. Ada Martin a distance of 110.25 feet to an iron pin; run thence South 42 degrees 12 minutes East along property now or formerly owned by Nell J. Szatkowski 105.0 feet to an iron pin; run thence South 55 degrees 15 minutes West along property now or formerly owned by C. M. Towery a distance of 224.4 feet to an iron pin on the Northeast right of way line of Rockbridge Road; run thence North 53 degrees 27 minutes West along said right of way line 122.0 feet to an iron pin at the place or point of beginning. Tax Parcel#6-145-16

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All that tract or parcel of land lying and being in Land Lot 145 of the 6th District of Gwinnett County, Georgia and being a part of Lot 1-A of the Tisinger Property according to a plat made by Gordon Nalley, Surveyor May 19, 1947, and being more particularly described as follows: BEGINNING at an iron pin on the northeasterly side of Rockbridge Road one hundred feet northwesterly from the point where the south line of said Land Lot 145 crosses the northeasterly side of said Rockbridge Road, thence in a northeasterly direction two hundred forty (240) feet, more or less, to the southwest line of lot 2, said tract, thence in a northwesterly direction one hundred (100) feet to an iron pin; thence in a southwesterly direction two hundred forty eight (248) feet, more or less, to the northeasterly side of Rockbridge Road; thence in a southeasterly direction along the northeasterly side of Rockbridge Road one hundred (100) feet to the point of beginning. Tax Parcel #6-145-17 All that tract or parcel of land lying and being in Land Lots 137 and 145 of the 6th District of Gwinnett County, Georgia, and being more particularly described as follows: BEGINNING at a nail on the Northeasterly side of Rockbridge Road where the same is intersected by the line dividing Land Lots 137 and 145 of the 6th District of Gwinnett County, Georgia, said line being also an extension of the centerline of Rockbridge Circle; thence Northwesterly along the Northeasterly side of Rockbridge Road 99.2 feet to an iron pin; thence Northeasterly at an interior angle of 63 degrees 58 minutes with the last mentioned call, 206.4 feet to a concrete marker; running thence Northwesterly at an exterior angle of 279 degrees 55 minutes with the last mentioned call, a distance of 100 feet to a concrete marker; running thence Northeasterly at an interior angle of 78 degrees 01 minutes, 81 feet to an axle; thence Southeasterly at an interior angle of 100 degrees 07 minutes with the last mentioned call, a distance of 200 feet to an iron pin on the line dividing Land Lots 137 and 145; thence Southeasterly 2.3 feet to an axle; thence Southwesterly at an interior angle of 84 degrees with the last mentioned call, a distance of 235.1

Page 3681

feet to an iron pin on the Northwesterly right of way of Rockbridge Road; thence Northwesterly at an interior angle of 127 degrees 31 minutes with the last mentioned call and along the Northeasterly side of Rockbridge Road 31.4 feet to a nail at the point of beginning, being improved property known as No. Rockbridge Road, according to the present system of numbering houses in Gwinnett County, Georgia, and being accorded to an individual survey prepared by E. L. Chapman, Registered Surveyor, dated November 8, 1968, for Billy Anthony Greason. Tax Parcel #6-145-14 All that tract or parcel of land lying and being in Land Lot 145 of the 6th Land District of Gwinnett County, Georgia and described as follows: Located in the northeast corner of Lot No. 1A of the T. F. Tisinger's property by plat made by Gordon Nalley May 19, 1947 and being in Land Lots No. 137 and 145 of Gwinnett County and described as follows: BEGINNING at the corner of Lot No. 1A 2 on U.S. 29; thence in a southwesterly direction 110 feet to an iron pin; thence in a southerly direction 250 feet to an iron pin; thence in northeasterly direction 110 feet to an iron pin; thence in a northerly direction 300 feet to the point of beginning on U.S. 29. Said tract of land is bounded on the north by U.S. 29; on the west by other lands of Stapp; on the south by other lands of Stapp and on the east by lands of Hendrix. Tax Parcel #6-145-13 All that tract or parcel of land lying and being in Land Lot 145 of the 6th Land District of Gwinnett County, Georgia, being the northwest portion of Lot 2, as per plat of the T. F. Tisinger property made by Gordon Nalley, Engineer, dated May 19, 1947, and recorded in Plat Book D, page 245, Gwinnett County, Records, and the description hereinafter set forth being more particularly described, according to revised plat made by S. R. Fields, Surveyor, dated October 19, 1962, as follows:

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BEGINNING at a point on the southeast side of the Lawrenceville Highway three hundred twenty-three and fourtenths (323.4) feet northeast from the intersection of the southeast side of Lawrenceville Highway with the center line of Rockbridge Road, said point of beginning being at the northeast corner of Lot 1-A, aforesaid plat and property; running thence northeasterly along the southeast side of Lawrenceville Highway a distance of one hundred (100) feet to a point, said point being located at the northwest corner of Lot 3, said plat and property; thence south 41 degrees 54 minutes east for five hundred forty-one and four-tenths (541.4) feet to a point; thence south 58 degrees 00 minutes west for eighty-one (81) feet to a point; thence north 43 degrees 50 minutes west four hundred ninety-six (496) feet to the southeast side of the Lawrenceville Highway and the point of beginning. Tax Parcel #6-145-12 All that tract or parcel of land lying and being in Land Lot 145 of the 6th District of Gwinnett County, Georgia, being Lot 3 of T. F. Tisinger's property, according to plat for H. R. Martin recorded in Plat Book I, page 58, Gwinnett County, Georgia records, which plat by reference is incorporated herein and made a part hereof. Tax Parcel #6-145-11 All that tract or parcel of land lying and being in Land Lot 145 of the 6th District of Gwinnett County, Georgia, being Lot 4 of T. F. Tisinger property and being more particularly described as follows: BEGINNING at an iron pin located on the Southeastern Land Lot line of Land Lot 145, 374.53 feet Southwest as measured along said Land Lot line from the intersection of the common Land Lot corners of Land Lots 145, 146, 136 and 137 of said District; from said point of BEGINNING, running thence South 60 degrees 20 minutes 58 seconds West as measured along the Southeastern line of Land Lot 145, 75.22 feet to an iron pin; running thence North 38 degrees 53 minutes 18 seconds West as measured along the Northeastern line of property now or formerly owned by

Page 3683

Dough H. Dorough, 785.94 feet to an iron pin located on the Southeastern right of way of U.S. Highway No. 29 (60 feet right of way), said iron pin located on the Southeastern right of way of U. S. Highway No. 29, being located 518.50 feet Northwesterly from the intersection of the Southeastern right of way of U. S. Highway No. 29 with the centerline of the 19 foot paved portion of Rockbridge Road; (in prior deeds this distance was referred to as 517 feet Northeasterly from the intersection of the Southeasterly right of way of U. S. Highway No. 29 and the Northeasterly right of way of Rockbridge Road); running thence North 32 degrees 49 minutes 53 seconds East as measured along the Southeastern right of way of U. S. Highway No. 29, 100.21 feet to an iron pin; running thence South 37 degrees 26 minutes 40 seconds East as measured along the Southwestern line of property now or formerly owned by J. B. Hunter, 829.71 feet to an iron pin located at the POINT OF BEGINNING. All as is more particularly shown and delineated on a boundary survey for Theodore Wicks and Mary L. Rush, dated September 19, 1978, prepared by Ben D. Trail, Registered Land Surveyor No. 1718, recorded in Plat Book 9, page 110, Office of the Clerk of Superior Court of Gwinnett County, Georgia; said recorded plat is by reference incorporated into this legal description and reference is hereby made to said survey for a more complete description of the property. Tax Parcel #6-145-10 All that tract or parcel of land lying and being in Land Lot 145 of the 6th District of Gwinnett County, Georgia, and being more particularly described as follows: BEGINNING at a point on the southeasterly line of Land Lot 145, 300 feet South 59 degrees West from the common corner of Land Lots 145, 146, 137, and 136; thence South 59 degrees West along said Land Lot line 75 feet to a point; thence northwesterly 830 feet to a point on the southeasterly right of way of U. S. Highway No. 29; thence North 35 degrees 12 minutes East along the southeasterly right of way of U. S. Highway No. 29, 100 feet to a point; thence South 37 degrees 25 minutes East along the line of property now or

Page 3684

formerly of Maddox 868.6 feet to the point of beginning, and being Lot 5 of the T. F. Tisinger Property as per plat recorded in Plat Book D, page 245, Gwinnett County, Georgia records. Tax Parcel #6-145-9 All that tract or parcel of land lying and being in Land Lot 145 of the 6th District of Gwinnett County, Georgia, being Lot 6 as per survey of T. F. Tisinger's property made by Gordon Nalley, Engineer, May 19, 1947. Tax Parcel #6-145-8 All that tract or parcel of land lying and being in Land Lot 145 of the 6th District of Gwinnett County, Georgia, being Lot 7 as per survey of T. F. Tisinger's property made by Gordon Nalley, Engineer, May 19, 1947, and being more particularly described as follows: BEGINNING at a point on the Southeast side of Lawrenceville Highway two hundred (200) feet Southwest from the Northeast line of Land Lot 145, said point of beginning being at the Northwest corner of Lot 8 of said survey, running thence Southwest along the Southeast side of Lawrenceville Highway One hundred (100) feet to Lot 6, thence Southeasterly along the Northeast line of said Lot nine hundred twelve (912) feet more or less, to the Southeast line of Land Lot 145; thence northeasterly along said Land Lot line seventy-five (75) feet to Lot 8, thence Northwesterly along the Southwest line of said lot nine hundred thirty-six (936) feet, more or less, to the point of beginning. BEING the same property conveyed to Otis A. Hazelrigs, Sr. from Nell J. Szatkowski, by warranty deed recorded in Deed Book 1044, page 147, offices of the Clerk of Superior Court, Gwinnett County, Georgia Records. Tax Parcel #6-146-13 All that tract or parcel of land lying and being in Land Lot 146 of the 6th Land District, Gwinnett County, Georgia, to-wit: Fifty acres of land more particularly described as follows: Bounded on the north by lands formerly owned by

Page 3685

S. D. Pittard and now owned by S. W. Carson; East by lands of D. P. McDaniel; South by Lawrenceville and Decatur public road; West by lands of M. T. McDaniel; South by Lawrenceville and Decatur public road; West by lands of M. T. McDaniel, grantee herein. Being the same land deeded from W. L. McDaniel and Seney McDaniel to D. L. McDaniel about January 15, 1898 and recorded in Gwinnett County Book of Deeds 9, page 350. Tax Parcel #6-161-3 All that tract or parcel of land lying and being in Land Lot 161 of the 6th District of Gwinnett County, Georgia, and being more particularly described as follows: BEGINNING at a point at the intersection of the Braden-Norcross and Liburn Road, and running along said road, a distance of 152.5 feet to a corner; thence running North 23 degrees 40 minutes East a distance of 325 feet to an iron pin corner; thence running in a Westerly direction a distance of 175.6 feet to the Norcross-Braden Road; thence running in a Southerly direction along said road a distance of 289.6 feet to the point of beginning. Tax Parcel #6-161-4, 5, 18, and 8 All that tract or parcel of land lying and being in Land Lot 161 of the 6th District of Gwinnett County, Georgia, and being lots 2, 5, 4 and 9 of a plat and survey made for the H. W. Roberts Heirs by C. M. Higginbotham for S. R. Fields, Surveyor, in December of 1953. Tax Parcel #6-161-5A All that tract or parcel of land lying and being in Land Lot 161 of the 6th District of Gwinnett County, Georgia, and being more particularly described as follows: TO FINE THE POINT OF BEGINNING, commence at the intersection of the centerline of Harbins Road (80 foot right of way) and the centerline of Dickens Road (80 foot right of way) and run southeasterly along the centerline of Harbins Road 316.08 feet to a point; thence run North 25 degrees 32

Page 3686

minutes 03 seconds East, 40 feet to an iron pin placed at a point on the northeast right of way line of Harbins Road, which point is the Point of Beginning; thence run North 25 degrees 32 minutes 03 seconds East 291.39 feet to an iron pin found; thence South 65 degrees 53 minutes 00 seconds east, 153.01 feet to an iron pin found; thence South 83 degrees 01 minute 26 seconds East 35.35 feet to an iron pin found; thence South 24 degrees 50 minutes 00 seconds West, 293.63 feet to a point on the northeast right of way line of Harbins Road; thence along the arc of a curve to the left (having a chord bearing of North 67 degrees 26 minutes 08 seconds West, 89.01 feet and a radius of 1,529.46 feet) 89.03 feet along the northeast right of way line of Harbins Road to a point; thence North 69 degrees 05 minutes 54 seconds West, 101.51 feet along the northeast right of way line of Harbins Road to the point of Beginning; said tract contains 1.243 acres and is shown on that certain plat of survey for Cash Real Estate Fund-3, Ltd., dated December 22, 1987, prepared by Ga. Land Surveying Co., Inc. and bearing the seal and certification of Josh L. Lewis, III, Georgia Registered Professional Land Surveyor No. 1751. Tax Parcel #6-161-14 All that tract or parcel of land lying and being in Land Lot 161 of the 6th District of Gwinnett County, Georgia, and being more particularly described as follows: BEGINNING at a point in the center line of Harbins Road as formerly located, 880.6 feet Southeasterly as measured along the center line of said Road, from the center line of Dickens Road as formerly located (said beginning point being North 8 degrees 00 minutes East, 14 feet from the center line of Harbins Road as previously located); thence North 8 degrees 00 minutes East, along the Easterly line of Lot 5 of the H. W. Roberts Estate property, 444 feet to an iron pin; thence South 8 degrees 04 minutes West, along the westerly line of Lot 7 of said property, 499 feet to the center line of Harbins Road as formerly located (said last named point being North 8 degrees 04 minutes East, 11.6 feet from the center line of Harbins Road as presently located); thence Northwesterly along the center line of Harbins Road as formerly located, 120.6 feet to the point of beginning. Being

Page 3687

Lot 6 of the H. W. Roberts Estate property and being described according to plat of survey made by S. R. Fields, dated May 9, 1968. Tax Parcel #6-161-6 All that tract or parcel of land lying and being in Land Lot 161 of the 6th District of Gwinnett County, Georgia, and being more particularly described as follows: BEGINNING at a point on the North side of the Braden-Norcross and Lilburn Road, said beginning point being at the dividing line of Lot No.6 and 7 of the plat of the W. H. Roberts property and running along the Northerly side of the said Road a distance of 110 feet to the corner of Lot No. 8 of the said survey; thence along the line of Lot No. 8 North 9 degrees East a distance of 518 feet to a corner on the Powell Property; thence in a westerly direction along the said Powell property a distance of 111 feet to the corner of Lot 6 of the said survey; thence along the line of Lot No. 6 of the said survey south 8 degrees west a distance of 499 feet to the point of beginning on the said public road, said tract or parcel of land being known and distinguished as Lot No. seven (7) of the said survey and plat made by S. R. Fields, Surveyor of the W. H. Roberts property, dated December, 1953 and containing 1.3 acres according to the said plat. Tax Parcel #6-161-7 All that tract or parcel of land lying and being in Land Lot 161 of the 6th District of Gwinnett County, Georgia, and being more particularly described as follows: BEGINNING at a point in the center line of Harbins Road as formerly located 1118.2 feet southeasterly as measured along said center line from the center line of Dickens Road as formerly located (said beginning point being 44 feet North 8 degrees 15 minutes East from the center line of Harbins Road as presently located); thence North 8 degrees 15 minutes East, along the Easterly line of Lot 7 of the H. W. Roberts Estate, 518 feet to an iron pin; thence South 83 degrees 28 minutes East, 111.4 feet to an iron pin; thence South 8 degrees 21 minutes West along the Westerly line of

Page 3688

Lot 9, said property, 507 feet to the center line of Harbins Road as formerly located (said point being North 8 degrees 21 minutes East 109 feet from the center line of Harbins Road as presently located); thence Southwesterly along the center line of Harbins Road as formerly located 111.4 feet to the point of beginning. Being Lot 8 of the H. W. Roberts Estate property and being described according to plat of survey made by S. R. Fields, dated May 9, 1968. Tax Parcel #6-161-102 All that tract or parcel of land lying and being in Land Lot 161 of the 6th District of Gwinnett County, Georgia, and being more particularly described as follows: 15.48 acres, beginning at an iron pin, Northeasterly on Dickens Road at corner of Irene M. Johnson property, running 223.97 feet Southeasterly 77 degrees, 30 minutes, 48 seconds to an iron pin; thence Southeasterly 520.86 feet, 68 degrees, 34 minutes, 24 seconds to an iron pin; Northeasterly 193.20 feet, 83 degrees, 58 minutes, 04 seconds to an iron pin; thence Southeasterly 825.48 feet 74 degrees Southwesterly 821.80 feet, 55 degrees, 04 minutes, 58 seconds to an iron pin; thence Northwesterly 270.00 feet, 10 degrees, 22 minutes, 02 seconds to an iron pin; joining property lines of Brown, Bowles, Bowles, Bowles, Williams and Bailey; Northwesterly 611.50 feet, 82 degrees, 34 minutes, 02 seconds to an iron pin; joining property lines of Turner, Brown and Cleveland; Northwesterly 517.45 feet, 64 degrees, 42 minutes, 02 seconds to an iron pin at Dickens Road; Northeasterly along Dickens Road 367.995 to beginning iron pin; as described in plat surveyed for Bruce L. Jenkins, by S.R. Field, at Gwinnett County Surveyors, Registration No. 739 1/11/83, Lawrenceville, Georgia. Tax Parcel #6-161-103 All that tract or parcel of land lying and being in Land Lot 161 of the 6th District of Gwinnett County, Georgia, and being more particularly described as follows: BEGINNING at an iron pin on the northeasterly side of Dickens Road at corner of Robert F. Coffey property line,

Page 3689

thence run South 67 degrees 06 minutes 56 seconds East a distance of 375.46 feet to an iron pin; thence South 22 degrees 35 minutes 04 seconds West a distance of 91.00 feet to an iron pin; thence South 29 degrees 01 minutes 56 seconds East a distance of 500.05 feet to an iron pin; thence run North 68 degrees 34 minutes 24 seconds West a distance of 520.86 feet to an iron pin; thence run North 77 degrees 30 minutes 48 seconds West a distance of 223.97 feet to an iron pin; thence run an arc of 163.639 feet to an iron pin; thence run North 20 degrees 15 minutes 34 seconds East a distance of 284.19 feet to the POINT OF BEGINNING. Tax Parcel #6-161-2A All that tract or parcel of land lying and being in Land Lot 161 of the 6th District of Gwinnett County, Georgia, and being partly in the City of Lilburn, Georgia, and being more particularly described as follows: BEGINNING at a point on the southeast right of way of Dickens Road (having an 80 feet right of way) at an iron pin at the intersection of said right of way with the right of way of Burns Road; run thence south 67 degrees 10 minutes 34 seconds east 1,126.51 feet along the southwestern right of way of Burns Road across said right of way at the point where said right of way comes to an end, and continuing along the southwestern boundary of Mockingbird Lake Estates Subdivision and the City Limits of Lilburn to an aluminum pipe; run thence south 66 degrees 48 minutes 55 seconds east 159.92 feet to an aluminum pipe; run thence south 66 degrees 15 minutes 03 seconds east 123.84 feet to a once-inch pipe on the northeastern line of Land Lot 161; run thence south 30 degrees 51 minutes 39 seconds east 169.79 feet along said land lot line to a one-half inch aluminum pipe; run thence south 31 degrees 16 minutes 49 seconds east 702.25 feet along said land lot line to a one-half inch aluminum pipe; run thence south 31 degrees 13 minutes 49 seconds east 112.54 feet along said land lot line to a point in the centerline of Jackson Creek, said point being located north 31 degrees 13 minutes 49 seconds west 498.50 feet along said land lot line from an axle at the land lot corner common to land lots 161, 160, 147 and 146, said point being hereinafter referred to as Point A; run thence along the centerline of said

Page 3690

Jackson Creek 480 feet, more or less, to a point hereinafter referred to as Point B (the tie lines from said Point A to Point B being as follows: from Point A run south 67 degrees 20 minutes 54 seconds west 228.61 feet to a point; thence south 34 degrees 28 minutes 44 seconds west 187.95 feet to a point; thence south 36 degrees 13 minutes 39 seconds west 66.81 feet to point B); run thence north 28 degrees 57 minutes 05 seconds west 242 feet to a two-inch pipe run thence south 55 degrees 07 minutes 09 seconds west 153.76 feet to a point; run thence north 74 degrees 20 minutes 42 seconds west 825.41 feet to an iron pin; run thence south 83 degrees 58 minutes 24 seconds west 193.18 feet to a two-inch pipe; run thence north 29 degrees 01 minutes 39 seconds west 500.00 feet to an R-Bar; run thence North 22 degrees 56 minutes 05 seconds east 90.02 feet to an R-Bar; run thence south 67 degrees 11 minutes 08 seconds east 359.78 feet to a one-half inch pipe; run thence north 23 degrees 38 minutes 58 seconds east 209.32 feet to a one-half inch pipe; run thence north 67 degrees 11 minutes 08 seconds west 734.70 feet to a point at an iron pin on the southeastern right of way of Dickens Road (said point being hereinafter referred to as Point C); run thence northeasterly following said right of way along an arc 127.23 feet to a point; said arc having a radius of 2109.199 feet; run thence north 28 degrees 57 minutes 15 seconds east 271.10 feet along said right of way to a point; run thence northeasterly following said right of way along an arc 165.22 feet 165.22 feet to the point of beginning, the radius of said arc being 560.871 feet, the distance along said right of way from Point C to the point of beginning being 563.55 feet. Said property being shown as containing 39.648 acres on plat of survey by Lloyd C. McNally, Jr. Surveyor, dated January 7, 1985, said plat being made a part hereof by reference. Tax Parcel #6-161-13 All that tract or parcel of land lying and being in Land Lot 161 of the 6th District of Gwinnett County, Georgia, according to a plat and survey prepared March 11, 1987, by Perry E. McClung, Registered Land Surveyor, No. 1541, and being more particularly described as follows:

Page 3691

BEGINNING at a point on Dickens Road, 1100 feet Northeast of Cross Road and Harbins Road cross, marked by an iron pin set 22 feet back from center of said Dickens Road; thence North 23 degrees 45 minutes East along said Dickens Road 210 feet to another corner marked by an iron pin; thence South 67 degrees 08 minutes East 735 feet to another point marked by an iron pin; thence South 23 degrees 45 minutes West 210 feet to another point marked by an iron pin; thence North 67 degrees 08 minutes West 735 feet to the iron pin on Dickens Road and point of beginning, said tract containing 3.54 acres. Tax Parcel #6-160-105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, and 129. All that tract or parcel of land lying and being in Land Lot 160, of the 6th District of Gwinnett County, Georgia, being known and designated as Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25 of Willowgate Circle. Tax Parcel #6-160-1 All that tract or parcel of land lying and being in Land Lot 160 of the 6th District of Gwinnett County, Georgia and being more particularly described as follows: BEGINNING at an iron pin located at the point of intersection of the northeast line of the right of way of Indian Trail Road (also known as Indian Trail-Lilburn Road) a road having a 100 foot right of way, with the east line of the right of way of Burns Road (said point also being 502.39 feet southeasterly as measured along the northeasterly side of the right of way of Indian Trail Road from the point of intersection of the northeasterly side of the right of way of Indian Trail Road with the north line of Land Lot 160); running thence North 19 degrees 38 minutes 44 seconds West along the east line of the right of way of Burns Road 32.35 feet to an iron pin; continuing thence along the southerly line of the right of way of Burns Road 32.35 feet to an iron pin; continuing thence along the southerly line of the right of way of Burns Road (said road having a 80 foot right

Page 3692

of way at said point) and along the arc of a curve to the right (having a radius of 139.05 feet) an arc distance of 116.79 feet (the chord of said curve having a magnetic bearing of north 59 degrees 15 minutes 33 seconds east and a length of 113.39 feet) to an iron pin; continuing thence in a generally easterly direction along the southerly line of the right of way of Burns Road North 83 degrees 19 minutes 16 seconds East 225.33 feet to an iron pin (said iron pin being 199.57 feet south 34 degrees 19 minutes 54 seconds east of an axle found); running thence South 34 degrees 19 minutes 54 seconds east 31.43 feet to an iron pin in the center line of a branch (said iron pin being the beginning point of traverse line hereinafter referred to; running thence in a generally southeasterly direction along the center line of said branch and following the meanderings thereof 502 feet, more or less, to an iron pin (said iron pin being the termination point of the traverse line described as follows: commencing at the beginning point of the traverse line as described above and running thence South 37 degrees 19 minutes 40 seconds east 187.96 feet to a point; continuing thence South 69 degrees 36 minutes 42 seconds east 208.90 feet to the termination point of said traverse line); running thence South 33 degrees 05 minutes 36 seconds east 610.58 feet to an iron pin on the northeasterly line of the right of way of Indian Trail Road; running thence North 38 degrees 13 minutes 40 seconds West 413.79 feet to an iron pin on the northeast line of the right of way of Indian Trail Road; continuing thence in a generally northwesterly direction along the northeasterly line of the right of way of Indian Trail Road and along the arc of a curve to the left having a radius of 733.0 feet) an arc distance of 580.86 feet (the chord of said curve having a magnetic bearing of north 60 degrees 55 minutes 38 seconds west and length of 565.78 feet); continuing then along the northeasterly line of the right of way of Indian Trail Road north 83 degrees 37 minutes 36 seconds West 90.88 feet to an iron pin; continuing thence in a northwesterly direction along northeasterly line of the right of way of Indian Trail Road and along the arc of a curve to the right (having a radius of 764.75 feet) an arc distance of 135.21 feet (the chord of said curve having a magnetic bearing of north 74 degrees 57 minutes 47 seconds west and a length of 135.03 feet) to an iron pin and the point of beginning; being the same property as shown on plat or survey prepared for the Equitable Life Assurance Society of

Page 3693

the United States by Venable Associates, dated August 16, 1983. Tax Parcel #6-160-6 All that tract or parcel of land lying and being in Land Lot 160 of the 6th District of Gwinnett County, Georgia, more particularly described as follows: BEGINNING at a point on the southern side of Burns Drive at the northeastern corner of the property formerly owned by J. R. Carroll; thence running easterly, along the southern side of Burns Drive, 380 feet to a corner; thence southerly, in a straight line, 235 feet to a creek; thence northwesterly, along said creek, 362 feet to a point; thence northwesterly 80 feet to the point of beginning. Tax Parcel #6-160-474, and 5 All that tract or parcel of land lying and being in Land Lot 160 of the 6th District, Gwinnett County, Georgia being more particularly described on plat recorded at Plat Book 36, Page 4, Gwinnett County Records, which plat by reference thereto is incorporated herein and made a part thereof. Tax Parcel #6-160-436 All that tract or parcel of land lying and being in Land Lot 160 of the 6th District, Gwinnett County, Georgia, and being more particularly described as follows: TO FIND THE TRUE POINT OF BEGINNING, begin at a point formed by the intersection of the centerline of Indian-Trail Lilburn Road and the centerline of Burns Road, and running thence along the centerline of Burns Road a distance of 728 feet to a point; and running thence South 13 degrees 21 minutes 11 seconds West a distance of 30.29 feet to a point on the existing South right of way line of Burns Road (60 R/W); running thence South 13 degrees 21 minutes 12 seconds West a distance of 10.08 feet to a point on the south right of way line of Burns Road (R/W being 40 from centerline); running thence South 13 degrees 21 minutes 11 seconds West a distance of 228.65 feet to a point in

Page 3694

the centerline of creek; running thence along centerline of creek a distance subtended by a chord bearing of South 58 degrees 54 minutes 12 seconds East and a chord distance of 41.35 feet to a point; running thence South 29 degrees 26 minutes 50 seconds East a distance of 76.99 feet to a point and THE TRUE POINT OF BEGINNING; running thence South 59 degrees 21 minutes 45 seconds East a distance of 258.97 feet to a point; running thence North 62 degrees 00 minutes 00 seconds East a distance of 297.00 feet to a point; running thence South 03 degrees 42 minutes 36 seconds West a distance of 544.46 feet to a point; running thence South 76 degrees 54 minutes 36 seconds West a distance of 226.97 feet to a point on the northeast right of way of Indian-Trail Lilburn Road (100 R/W); running thence along said right of way line North 34 degrees 25 minutes 43 seconds West a distance of 31.77 feet to a point; continuing along said right of way North 34 degrees 44 minutes 34 seconds West a distance of 377.80 feet to a point; continuing along said right of way and a curve to the left (said curve having a chord bearing of North 36 degrees 42 minutes 16 seconds west and a chord distance of 50.33 feet) an arc distance of 50.34 feet to a point; running thence North 42 degrees 30 minutes 16 seconds East a distance of 43.36 feet to a point; running thence North 29 degrees 26 minutes 50 seconds West a distance of 63.18 feet to a point and the TRUE POINT OF BEGINNING. Said tract or parcel contains 4.3121 acres and is fully shown on a plat for Julian Daley by Browning/Rhodes Engineering, dated December 17, 1984. Tax Parcel #6-159-57, 53, 44 and 45 All that tract or parcel of land lying and being in Land Lot 159 of the 6th District of Gwinnett County, Georgia, being Lots 3, 7, 16, and 15 Block C, Unit 3, of Springwood Acres Subdivision, as per plat recorded at Plat Book X, page 108, Gwinnett County, Georgia records, which said plat by reference thereto is incorporated and made a part of this description. Tax Parcel #6-160A-1 through 160A-30 All that tract or parcel of land lying and being in Land Lot 160 of the 6th Land District, Gwinnett County, Georgia,

Page 3695

being Lots 1 through 30 of Burns Walk Subdivision as per plat recorded in Plat Book 29, page 185, Gwinnett County Records, which plat is incorporated herein by reference and made a part hereof. Tax Parcel #6-159-114 All that tract or parcel of land lying and being in Land Lot 159, 6th District, Gwinnett County, Georgia, being Lot 10, Block A, Burns Valley Subdivision, Unit 1, as per plat recorded in Plat Book 12, page 115, Gwinnett County Records, said plat is hereby referred to and made a part of this description, being improved property having a house thereon known as 678 Cora Court according to the present system of numbering houses in Gwinnett County, Georgia, being more particularly shown on survey prepared by Horlbeck Associates, Inc., dated February 24, 1982, revised April 15, 1982. Tax Parcel #6-159-26 and 27 All that tract or parcel of land lying and being in Land Lot 159 of the 6th District of Gwinnett County, Georgia being Lots 16 and 17, Block A, Unit 3, Springwood Acres Subdivision, according to plat recorded in Plat Book X, Page 108, Gwinnett County Records, which reference is made for the purpose of incorporating the same as a part herein. Tax Parcel #6-159-35 and 36 All that tract or parcel of land lying and being in Land Lot 159 of the 6th District of Gwinnett County, Georgia being Lots 5 and 6, Block B, Unit 3, Springwood Acres, as per plat recorded in Plat Book X, Page 108, Gwinnett County Records. Tax Parcel #6-159-366, 365, and 364 All that tract or parcel of land lying and being in Land Lot 159 of the 6th District of Gwinnett County, Georgia, being Lots 14, 13, and 12, Block A, Candy Lane Cove Subdivision, according to a plat recorded in Plat Book 27, Page 253, Gwinnett County Records.

Page 3696

Tax Parcel #6-159-67 All that tract or parcel of land lying and being in Land Lot 159 of the 6th District of Gwinnett County, Georgia, being more particularly described as follows: BEGINNING at a point on the center line of Johns Road, 905.5 feet southeasterly as measured along the center line of Johns Road from the intersection formed by the center line of Johns Road and the center line of Burns Drive (also known as Burns Road); thence southeasterly along the center line of Johns Road 257.61 feet to a point; thence South 59 degrees 31 minutes 00 seconds West 347.11 feet to an iron pin; thence North 41 degrees 41 minutes 24 seconds West 257.65 feet to an iron pin; thence North 59 degrees 31 minutes 00 seconds East along the southeasterly line of property now or formerly owned by B. E. Johnson (originally Oliver Kelly Property), 348.11 feet to the point of the beginning. Being 2.00 acres and described according to plat of survey made by James W. Woolley, Registered Land Surveyor, dated July 21, 1978. Tax Parcel #6-159-96, 98 and 99 All that tract or parcel of land lying and being in Land Lot 159 of the 6th District of Gwinnett County, Georgia, being Lots 9, 10 and 11, Block A, Lake Osner Subdivision, Unit One, Gwinnett County, Georgia records, which plat is by this reference incorporated in and made a part hereof. Tax Parcel #6-158-75, 74, 73 and 72 All that tract or parcel of land lying and being in Land Lot 158 of the 6th District, Gwinnett County, Georgia being Lots 15, 14, 13, and 12, Block A, Lane Osner Subdivision, Unit One, according to plat recorded in Plat Book 10, Page 160, Gwinnett County, Georgia Records, which Plat is incorporated herein by reference. Tax Parcel #6-149-181 and 182 All that tract or parcel of land lying and being in Land Lot 149 of the 6th District, Gwinnett County, Georgia, being

Page 3697

known as Lots 15 and 16, Block B of Creekwood Farms, Unit Two, as per plat recorded at Plat Book 30, page 110, Gwinnett County, Georgia Records, which reference is made for the purpose of incorporating the same as a part herein. Tax Parcel #6-149-7 All that tract or parcel of land lying and being in Land Lot 149 of the 6th District, Gwinnett County, Georgia, being more particularly described as follows: TO REACH THE TRUE POINT OF BEGINNING, begin at the southwest corner of Dogwood Drive and U. S. Highway 29; running thence South 71 degrees 57 minutes west 34.6 feet to a point; running thence North 86 degrees 28 minutes West 100 feet to a point; running thence South 82 degrees 22 minutes west 200 feet to a point; running thence South 82 degrees 22 minutes west 90 feet to a point, said point being the true point of beginning; running thence south 82 degrees 22 minutes west 312.5 feet to a point; running thence South 75 degrees 57 minutes west 100.8 feet to a point; running thence North 74 degrees 33 minute west 16 feet to a point; running thence North 30 degrees 58 minutes west 2,031.8 feet to a point; running thence North 58 degrees 30 minutes east 288 feet to a point; running thence North 59 degrees 20 minutes east 106.1 feet to a point; running thence South 30 degrees 58 minutes east 2,198 feet to a point on the north right of way line of U. S. Highway 29 and the point of beginning. Said tract being tract I and containing 19.13 acres as per survey for Mrs. D. H. Jordan by S. R. Fields, Registered Surveyor, dated March 27, 1973. Tax Parcel #6-149-84 All that tract and parcel of land lying and being in Land Lot 149 of the 6th District, Gwinnett County, Georgia, and more particularly described as follows: BEGINNING at the southwest corner of Dogwood Drive and U. S. Highway 29; running thence South 71 degrees 57 minutes West 34.6 feet to a point; running thence North 86 degrees 28 minutes West 100 feet to a point; running thence

Page 3698

South 82 degrees 22 minutes West 200 feet to a point; running thence South 82 degrees 22 minutes west 91 feet to a point; running thence North 30 degrees 58 minutes West 2,198 feet to a point; running thence North 59 degrees 20 minutes East 164.8 feet to a point; running thence North 57 degrees 47 minutes East 229.3 feet to a point; running thence South 30 degrees 58 minutes East 2,362.9 feet to a point at the southwest corner of Dogwood Drive and U. S. Highway 29 and the point of beginning. Said tract being Tract 2 and containing 20.57 acres as per survey for Mrs. D. H. Jordan by S. R. Fields. Tax Parcel #6-149-008 All that tract or parcel of land lying and being in Land Lot 149 of the 6th District, Gwinnett County, Georgia, being more particularly described as follows: Beginning at an iron pin on the northwesterly side of U. S. Highway #29 a distance of 65 feet from the center line thereof, 370 feet southwesterly as measured along the northwesterly side of Highway #29 from the intersection of the northwesterly side of Highway #29 and the centerline of Beaver Ruin Road; South 59 degrees 58 minutes West along the northwesterly side of Highway #29, 132.0 feet to an iron pin set; thence North 19 degrees 58 minutes West 278.3 feet to an iron pin found; thence North 60 degrees 06 minutes East 132 feet to an iron pin found; thence running South 19 degrees 57 minutes East 278.0 feet to an iron pin found at the point of beginning, according to a plat of survey by Hannon, Meeks Bagwell, Surveyors Engineers, Inc. dated 3/12/78, said tract containing.830 acres. Tax Parcel #6-149-3 and 163 All that tract or parcel of land lying and being in Land Lot 149, 6th District, Gwinnett County, Georgia, described as follows: To find the Point of beginning, begin at the point formed by the intersection of the southwest right of way line of Arcado Road, if extended (80 foot right of way) with the southeast right of way line of Lawrenceville Highway - U. S. 29 (also

Page 3699

known as State Highway No. 8) (Variable right of way); running thence southwesterly along the southeast right of way line of Lawrenceville Highway - U. S. 29 (also known as State Highway No. 8) 692.90 feet to a point; thence continuing along the southeast right of way line of Lawrenceville Highway - U. S. 29 (also known as State Highway No. 8) the following courses and distances: North 27 degrees 27 minutes 30 seconds West 6.00 feet to a point, South 60 degrees 27 minutes 53 seconds West 9.00 feet to a point; South 29 degrees 32 minutes 07 seconds East 10.00 feet to a point; South 60 degrees 27 minutes 53 seconds West 10.00 feet to a point; North 29 degrees 32 minutes 07 seconds West 10.00 feet to a point; South 60 degrees 27 minutes 53 seconds West 90.90 feet to a point; and South 27 degrees 25 minutes 38 seconds East 11.01 feet to the POINT OF BEGINNING: from the Point of Beginning thus established, running thence South 27 degrees 25 minutes 39 seconds East 173.89 feet to an iron pin found; thence North 60 degrees 27 minutes 59 seconds East 110.00 feet to an iron pin set; thence South 27 degrees 37 minutes 46 seconds East 165.15 feet to an iron pin; thence South 61 degrees 54 minutes 19 seconds West 397.79 feet to an iron pin set; thence North 27 degrees 46 minutes 43 seconds West 328.99 feet to a point on the southeast right of way line of Lawrenceville Highway - U. S. 29 (also known as State Highway No. 8); thence along the southeast right of way line of Lawrenceville Highway - U. S. 29 (also known as State Highway No. 8) North 60 degrees 27 minutes 53 seconds East 289.47 feet to the POINT OF BEGINNING, designated as Tract 2 on plat of Boundary Survey for Cardinal Industries, Inc., dated November 10, 1983, last revised May 29, 1984, prepared by Clifford A. Smith, Georgia Registered Land Surveyor No. 1500, Patterson Engineering. Tax Parcel #6-149-165 All that tract or parcel of land lying and being in Land Lots 133 and 149 of the 6th Land District, Gwinnett County, Georgia, and being known as Lot 7, Block A, Unit One of Southeastern Estates Subdivision, being more particularly described as follows:

Page 3700

BEGINNING at a point on the southwesterly right of way line of Arcado Road (60' R/W) located 844.3 feet southeasterly from the intersection of said right of way line with the easterly right of way line of U. S. Highway No. 29 (80' R/W) and from said Point of Beginning running thence South 69 degrees 45 minutes 00 seconds West a distance of 248.49 feet, more or less, to an iron pin; run thence South 27 degrees 16 minutes 40 seconds East a distance of 140.7 feet to an iron pin which resides on land lot line between Land Lot 149 and Land Lot 133; run thence in a northeasterly direction a distance of 249.5 feet to an iron pin located on the southwesterly right of way line of Arcado Road; and run thence along said right of way line North 27 degrees 47 minutes 51 seconds West a distance of 127.0 feet to an iron pin, being the place or point of beginning, being all of Lot 7, Block A, Unit One and a portion of Lot 6, Block A, Unit One, Southeastern Estates Subdivision, as per plat recorded in Plat Book K, page 72, Gwinnett County Records. Tax Parcel #6-149-2 All that tract or parcel of land lying and being in Land Lot 149, 6th District, City of Lilburn, Gwinnett County, Georgia, and being more particularly described as follows: Beginning at the point of intersection of the center line of Dogwood Circle and the center line of Lawrenceville Highway - U. S. 29 and S.R. 8 - and proceeding thence North 74 degrees 43 minutes 46 seconds east a distance of 276.91 feet to a point marked by an iron pin found on the southeasterly edge of the right of way of Lawrenceville Highway, and proceed thence North 60 degrees 57 minutes 31 seconds east a distance of 289.48 feet to a point marked by an iron pin set; thence South 26 degrees 53 minutes 18 seconds East a distance of 173.89 feet to a point; thence North 61 degrees 01 minutes 39 seconds East a distance of 110.00 feet to a point marked by an iron pin found; thence North 26 degrees 54 minutes 15 seconds West a distance of 184.92 feet to a point marked by an iron pin found; thence South 61 degrees 00 minutes 19 seconds West a distance of 9.48 feet to a point; thence South 28 degrees 59 minutes 41 seconds East a distance of 10.00 feet to a point; thence South 61 degrees 00 minutes 19 seconds West a distance of 10.00 feet to a point;

Page 3701

thence North 28 degrees 59 minutes 41 seconds West a distance of 10.00 feet to a point; thence south 61 degrees 00 minutes 19 seconds West a distance of 85.52 feet to a point; thence south 61 degrees 00 minutes 19 seconds West a distance of 4.81 feet to a point marked by an iron pin set; thence South 26 degrees 53 minutes 18 seconds East a distance of 10.99 feet to the POINT OF BEGINNING, said property begin shown as Tracts 1 and 2 on survey prepared for Leon Novak, William Marcus Reed II, Gwinnett County Investors, and Bank South N.A., by Southeast Consultants, Inc., bearing the certificate of Robert D. Hyatt, R.L.S. No. 2997, and dated February 28, 1986. Tax Parcel #6-149-001 All that tract or parcel of land lying and being in Land Lot 149 of the 6th District, City of Lilburn, Gwinnett County, Georgia, containing 0.6574 acres, and being more particularly described as follows: BEGINNING at an iron pin set on the southern right of way line of U. S. Highway No. 29 (having a 94 foot right of way at this point) 509.44 feet southwest of the intersection of the aforesaid right of way with the westerly right of way line of Arcadia Road (having an 80 foot right of way) and running thence South 27 degrees 24 minutes 15 seconds East a distance of 160.00 feet to an iron pin set; running thence South 61 degrees 50 minutes 34 seconds West a distance of 182.00 feet to an iron pin set; running thence North 27 degrees 42 minutes 37 seconds West a distance of 154.00 feet to an iron pin set on the southern right of way line of U. S. Hwy. No. 29; running thence along the southern right of way line of U. S. Hwy. No. 29 North 59 degrees 58 minutes 00 seconds East a distance of 183.00 feet to an iron pin set, said iron pin set being the POINT OF BEGINNING. The above described property is shown on and delineated according to that certain Topographical Survey for The Sherwin-Williams Company by Hannon, Meeks Bagwell, Surveyors Engineers, Inc., Mack L. Meeks, Georgia Registered Land Surveyor No. 1497, dated May 16, 1985, which survey is incorporated herein by this reference and made a part of this description.

Page 3702

Tax Parcel #6-149-160 All that tract or parcel of land lying and being in Land Lot 149 of the 6th District, Gwinnett, County, Georgia, and being more particularly described as follows: BEGINNING at an iron pin found on the southeasterly right of way line of Lawrenceville Highway (U. S. Highway 29), said point being located 310.44 feet southwesterly as measured from the intersection of the southeasterly right of way line of Lawrenceville Highway with the southwesterly right of way line of Arcadia Road (or Arcado Road); thence South 27 degrees 25 minutes 43 seconds East a distance of 166.47 feet to an iron pin found; thence South 61 degrees 49 minutes 12 seconds West a distance of 143.91 feet to an iron pin found; thence North 27 degrees 24 minutes 06 seconds West a distance of 161.81 feet to an iron pin found on the southeasterly right of way line of Lawrenceville Highway; thence North 59 degrees 58 minutes 00 seconds East a distance of 143.97 feet along said right of way line to the iron pin at the POINT OF BEGINNING; being 0.542 acres of land according to a survey for Wendy's made by Travis N. Pruitt, Sr., Georgia Registered Land Surveyor Number 1729, dated May 7, 1982, and last revised on August 5, 1982. Tax Parcel #6-149-161 All that tract and parcel of land lying and being in Land Lot 149 of the 6th Land District, Gwinnett County, Georgia, as shown on plat of survey for the Firestone Tire Rubber Company, dated February 4, 1982, by Brauner Associates, and being more particularly described as follows: To find the POINT OF BEGINNING commence at the intersection of miter in right of way of Jody Lane and the northern right of way of U. S. Highway 29 (having an 88 foot right of way); running thence in a northeasterly direction an arc distance of 55.31 feet (said arc having a chord distance of 55.30 feet on a bearing of North 60 degrees 35 minutes 14 seconds East) along the northern right of way of U. S. Highway 29, to a point; continuing thence along said right of way 56.05 feet to an iron pin and the Point of Beginning; running thence North 23 degrees 06 minutes 02 seconds

Page 3703

West 202.17 feet to an iron pin; running thence South 30 degrees 12 minutes 06 seconds East 200 feet to an iron pin on the right of way of U. S. Highway 29; running thence South 58 degrees 23 minutes 16 seconds West along said right of way 101.18 feet to an iron pin; running thence North 31 degrees 36 minutes 44 seconds West 10 feet to an iron pin; running thence South 58 degrees 23 minutes 16 seconds West 10 feet to an iron pin; running thence South 31 degrees 36 minutes 44 seconds East 10 feet to an iron pin on the aforesaid right of way; running thence South 58 degrees 23 minutes 16 seconds West 38.82 feet to an iron pin and the point of beginning, said tract shown as containing.629 acres. Tax Parcel #6-149-75 All that tract or parcel of land lying and being in Land Lot 149 of the 6th District of Gwinnett County, Georgia, and being more particularly described as follows: BEGINNING at the intersection of the southerly right of way of U. S. Highway 29 and the westerly right of way of Beaver Ruin Road; thence South 27 degrees 41 minutes 20 seconds East along the westerly right of way of Beaver Ruin Road a distance of 190 feet to a point; thence South 62 degrees 24 minutes 30 seconds West a distance of 195.82 feet to a point; thence North 27 degrees 24 minutes 10 seconds West a distance of 195 feet to a point on the southerly right of way of U. S. Highway 29; thence Easterly along the Southerly right of way of U. S. Highway 29 a distance of 195 feet to a point on the westerly right of way of Beaver Ruin Road, and point being the Point of Beginning. Tax Parcel #6-149-4 All that tract or parcel of land lying and being in Land Lots 133 and 149 of the 6th District of Gwinnett County, Georgia, being more particularly described as follows: To find the true POINT OF BEGINNING, begin at the point where the southwesterly right of way of Arcado Road (80 foot right of way) if extended, intersects the southeasterly right of way (100 foot right of way) of State Route 8 if extended; thence, southwesterly along the southeasterly

Page 3704

right of way of State Route 8 a distance of 692.90 feet to a point; thence North 27 degrees 27 minutes 30 seconds West 6.00 feet to a point where said 100 foot right of way changes to an 88 foot right of way; thence South 60 degrees 27 minutes 53 seconds West 109.90 feet to a point; thence North 27 degrees 25 minutes 42 seconds West 2.00 feet to a point where said 88 foot right of way changes to an 84 foot right of way; thence, South 60 degrees 27 minutes 53 seconds West 79.72 feet to a point; thence South 29 degrees 32 minutes 07 seconds East 2.00 feet to a point where said 84 foot right of way changes to an 88 foot right of way; thence South 60 degrees 27 minutes 53 seconds West 209.89 feet to the TRUE POINT OF BEGINNING; thence South 27 degrees 46 minutes 43 seconds East 340.00 feet to a point; thence North 61 degrees 54 minutes 19 seconds East 397.79 feet to a point on the line of property now or formerly owned by Dapasal Corporation; thence South 27 degrees 37 minutes 46 seconds East 197.80 feet to an iron pin; thence South 27 degrees 37 minutes 52 seconds East 388.11 feet to an iron pin on the land lot line dividing Land Lots 149 and 133; thence South 27 degrees 01 minutes 45 seconds East 533.01 feet to an iron pin on the line of property now or formerly belong to Leonard E. Kennedy; thence South 62 degrees 02 minutes 20 seconds West 453.11 feet to an iron pin marking a corner common to property now or formerly owned by William C. Garner; thence North 27 degrees 22 minutes 06 seconds West 531.91 feet to an iron pin on the line dividing Land Lots 133 and 149; thence North 27 degrees 46 minutes 43 seconds West 924.39 feet to an iron pin on the right of way of State Route 8; thence North 60 degrees 27 minutes 53 seconds East 9.92 feet to a point; thence South 29 degrees 32 minutes 07 seconds East 10.00 feet to a point; thence North 60 degrees 27 minutes 53 seconds East 10.00 feet to a point; thence North 29 degrees 32 minutes 07 seconds West 10.00 feet to a point; thence North 60 degrees 27 minutes 53 seconds East 40.11 feet to the true POINT OF BEGINNING. Said property is described in accordance with a boundary survey for Cardinal Industries, Inc., prepared by Patterson Engineering dated 11/10/83 as revised and bearing the certification of Clifford A. Smith, Georgia Registered Land Surveyor No. 1500. Said tract contains 12.169 acres, more or less.

Page 3705

Tax Parcel #6-149-76 All that tract or parcel of land lying and being in Land Lot 149, 6th District, Gwinnett County, Georgia, and being more particularly described as follows: TO FIND THE TRUE POINT OF BEGINNING, begin at an iron pin found (3/8 rebar) on the southwesterly right of way line of Arcado Road (Variable R/W), said iron pin found being located a distance of 694.3 feet southeasterly, as measured along the southwesterly right of way line of Arcado Road, from the intersection of the right of way line of Arcado Road with the right of way line of U. S. Highway 29 (Variable R/W); running thence South 69 degrees 45 minutes 00 seconds west a distance of 10.09 feet to an iron pin set on the southwesterly right of way line of Arcado Road, which is the TRUE POINT OF BEGINNING; running thence along the southwesterly right of way line of Arcado Road South 27 degrees 50 minutes 57 seconds east a distance of 149.98 feet to an iron pin set on the southwesterly right of way line of Arcado Road; thence leaving the right of way line of Arcado Road and running thence South 69 degrees 54 minutes 52 seconds West a distance of 240.17 feet to an iron pin set; running thence North 27 degrees 13 minutes 06 seconds west a distance of 149.07 feet to an iron pin found (1 pipe); running thence North 69 degrees 45 minutes 00 seconds East a distance of 238.42 feet which is the true point of beginning; said property being 0.81 acres and containing a one-story block building according to a survey prepared for J. Dalton Long, Stanley Pleatman and Decatur Federal Savings and Loan Association by Benchmark Engineering Corporation, A. Farrow Walls, R.L.S., said survey being dated March 4, 1985. Tax Parcel #6-149-77 All that tract and parcel of land lying and being situated in Land Lot 149 of the 6th Land District of Lilburn, Gwinnett County, Georgia, and being shown as Tract 2 containing 0.453 acres and Tract 3 containing 0.43 acres on a plat of survey prepared for Willie Young Shafer on August 7, 1974, by Hannon, Meeks and Bagwell, Registered Land Surveyors of Lawrenceville, Georgia, said plat being incorporated

Page 3706

herein by reference for a more complete description of said property. To find the TRUE POINT OF BEGINNING, begin at the intersection formed by the Northwesterly right of way of the line of U. S. Highway 29 (60 foot right of way) with a Northeasterly right of way line of Dogwood Drive (60 foot right of way); thence North 12 degrees 53 West along the northeasterly right of way line of said Dogwood Drive 328.3 feet to an iron pin; thence North 12 degrees 53 West 32.0 feet to an iron pin; thence North 56 degrees 59 East along the line of property now or formerly owned by Myrna S. Caudell 146.0 feet to an iron pin; thence North 63 degrees 52 east along the line of property now or formerly owned by Judson B. Young and Jo Beth M. Young 194.7 feet to an iron pin and the TRUE POINT OF BEGINNING; thence North 28 degrees 27 West along the line of said property now or formerly owned by Judson B. Young and Jo Beth M. Young 200.3 feet to an iron pin; thence North 59 degrees 11 East 194.6 feet to an iron pin; thence South 30 degrees 00 East 200.0 feet to an iron pin; thence South 59 degrees 08 West 200.0 feet to the iron pin and the TRUE POINT OF BEGINNING. Tax Parcel #6-150-13A All that tract or parcel of land lying and being in Berkshire District (405), Gwinnett County, Georgia and in the 6th Land District of said County and being part of Land Lot 150 and containing one acre more or less. Bounded as follows: Commencing at highway No. 8 better known as the Lawrenceville and Decatur road running along the Luxomni and Norcross Road, north to the old Lawrenceville and Decatur road to the present hard surface Lawrenceville and Decatur road thence west along said Lawrenceville and Decatur road to starting point. Tax Parcel #6-150-134 and 11A All that tract or parcel of land lying and being in Land Lot 150 of the 6th Land District of Gwinnett County, Georgia, being more particularly described as follows:

Page 3707

TO FIND THE TRUE POINT OF BEGINNING, begin at a point formed by the intersection of the easterly side of Beaver Ruin Road and the northerly side of U. S. highway No. 29 if said lines were extended to form an angle instead of a curve; thence South 31 degrees 49 minutes 10 seconds West along the northeasterly side of Beaver Ruin Road 183.18 feet to the TRUE POINT OF BEGINNING; thence North 31 degrees 49 minutes 10 seconds West along the northeasterly side of Beaver Ruin Road 438.21 feet to a point; thence North 58 degrees 24 minutes 00 seconds East 834.29 feet to a point; thence North 59 degrees 37 minutes 55 seconds East 114.66 feet to a point; thence North 57 degrees 29 minutes 26 seconds East 66.59 feet to a point; thence South 32 degrees 48 minutes 16 seconds East 1,037.27 feet to a point on the northerly side of U.S. Highway No. 29; thence westerly along the northerly side of U.S. Highway No. 29 and following the curvature thereof, 769.62 feet to a point; thence North 11 degrees 15 minutes 45 seconds West 14.62 feet to a point on the northerly side of said Highway No. 29 (being 65 feet, more or less, from the center line of said Highway); thence westerly along the northerly side of said Highway and following the curvature thereof 130.30 feet to a point; thence North 82 degrees 01 minutes West 100.07 feet to a point; thence North 61 degrees 09 minutes 30 seconds West 25.37 feet to a point; thence North 67 degrees 41 minutes 52 seconds West 99.87 feet to a point; thence North 75 degrees 20 minutes 16 seconds West 93.79 feet to the TRUE POINT OF BEGINNING. Being described according to Plat by Donald W. Harkleroad and Associates, Inc., dated July 2, 1975, revised August 8, 1975 and revised April 13, 1976. Tax Parcel #6-150-137 All that tract or parcel of land lying and being in Land Lot 150 of the 6th District, Gwinnett County, Georgia, and being more particularly described as follows: BEGINNING at an iron pin set on the northwesterly side of U.S. Highway No. 29, also known as Lawrenceville Highway (60 feet right of way) seven hundred seventeen and six tenths (717.6) feet southwesterly from the west right of way of Berkmar Drive (60 foot right of way) run thence South 79 degrees 56 minutes West along the northwesterly

Page 3708

side of U. S. Highway No. 29 (also known as Lawrenceville Highway) one hundred thirty (130) feet to an iron pin set; run thence North 32 degrees 48 minutes 15 seconds West two hundred sixteen and eighty-five hundredths (216.85) feet to an iron pin set; run thence North 79 degrees 56 minutes East two hundred thirteen and eight tenths (213.8) feet to an iron pin set; run thence South 10 degrees 04 minutes East two hundred (200) feet to the northwesterly side of U.S. Highway No. 29 (also known as Lawrenceville Highway) and the point of beginning; containing 0.79 acres and being more particularly shown on survey prepared by Granade Engineers, Inc., dated June 20, 1976, revised September 23, 1976. Tax Parcel #6-150-155 All that tract or parcel of land lying and being situate in Land Lot 150, 6th Land District, Gwinnett County, Georgia and being known as 0.53 acres more or less, said property being more particularly described as follows: To find the TRUE POINT OF BEGINNING, begin at the intersection formed by the northwesterly right of way line of U.S. Highway 29 with the southwesterly right of way line of Berkmar Drive; thence southwesterly along the northwesterly right of way line of said U.S. Highway 29 597 feet more or less to a point; thence northwesterly 249 feet to the TRUE POINT OF BEGINNING; thence southwesterly 355 feet more or less; thence northwesterly 75 feet more or less; thence easterly 363 feet; thence southwesterly 75 feet more or less to the TRUE POINT OF BEGINNING. Tax Parcel #6-150-117 All that tract or parcel of land lying and being in Land Lot 150 of the 6th Land District, Gwinnett County, Georgia, being more particularly described as follows: To locate the point of beginning, begin at the point of intersection of the North right of way line of U. S. Highway No. 29 with the West right of way line of Berkmar Drive (a 60 foot right of way); run thence North along the West right of way line of Berkmar Drive 20 feet to a point; run thence South 81 degrees 08 minutes West along a line which is

Page 3709

parallel to and at all points 20 feet North of the existing North right of way line of U. S. Highway No. 29 (a 60 foot right of way) a distance of 445 feet to a point, WHICH IS THE PLACE OR POINT OF BEGINNING; run thence South 81 degrees 08 minutes West 125 feet to a point; run thence North 8 degrees 52 minutes West 200 feet to a corner; run thence North 81 degrees 08 minutes East 125 feet to a corner; run thence South 8 degrees 52 minutes East 200 feet to the place or point of beginning. Tax Parcel #6-150-124 All that tract or parcel of land lying and being in Land Lot 150 of the 6th District of Gwinnett County, Georgia, more particularly described as follows: TO FIND THE TRUE POINT OF BEGINNING, begin at an iron pin found at the intersection of the original northerly right of way line of U. S. Highway No. 29 (a 60 foot right of way) with the westerly right of way line of Berkmar Drive (a 60 foot right of way), run thence westerly along the original northerly right of way line of U. S. Highway No. 29 a distance of 317.57 feet to a point; run thence North 08 degrees 46 minutes 46 seconds West a distance of 20 feet to an iron pin on the new northerly right of way line of U. S. Highway No. 29 (a 100 foot right of way) and the TRUE POINT OF BEGINNING; and from said TRUE POINT OF BEGINNING run thence South 81 degrees 09 minutes 39 seconds West along the new northerly right of way line of U. S. Highway No. 29 a distance of 100 feet to an iron pin; run thence North 08 degrees 46 minutes 46 seconds West a distance of 200 feet to a point located on the southerly side of a 50 foot easement; run thence North 81 degrees 09 minutes 39 seconds East along the southerly side of said easement a distance of 100 feet to an iron pin; run thence South 08 degrees 46 minutes 46 seconds East a distance of 200 feet to an iron pin on the new northerly right of way line of U. S. Highway No. 29 and the TRUE POINT OF BEGINNING; said property containing 0.459 acres as shown on plat of survey for Gary Anglin and Pizza Inn by Melvin H. Pair and Associates, Inc., dated March 6, 1978, revised June 12, 1978.

Page 3710

Tax Parcel #6-150-144 and 133 All that tract or parcel of land lying and being in Land Lot 150, 6th District, Gwinnett County, Georgia, and being more particularly described as follows: BEGINNING at an iron pin set at the corner formed by the intersection of the northerly right of way line of U. S. Highway No. 29 (a 100 foot right of way) with the westerly right of way line of Berkmar Drive (a 60 foot right of way); run thence South 81 degrees 24 minutes 53 seconds West, along the northerly right of way line of U.S. Highway No. 29, 199.74 feet to a X in the concrete; run thence North 08 degrees 46 minutes 46 seconds West, along the easterly boundary line of property now or formerly owned by Del Taco Corporation, 249.92 feet to an iron pin set; run thence North 81 degrees 24 minutes 53 seconds East, along the southerly boundary line of property now or formerly owned by Decatur Church of Christ Senior Housing Inc., 182.72 feet to a nail found on the westerly right of way line of Berkmar Drive; run thence South 29 degrees 10 minutes 57 seconds East, along the westerly right of way line of Berkmar Drive, 9.19 feet to a point; run thence southerly along the arc of the westerly right of way line of Berkmar Drive (which arc is subtended by a chord line running South 15 degrees 23 minutes 39 seconds East 179.33 feet) 181.04 feet to a point; run thence South 2 degrees 35 minutes 57 seconds East, along the westerly right of way line of Berkmar Drive 63.60 feet to the northerly right of way line of U. S. Highway No. 29 and the Point of Beginning; the property being 1.163 acres, more or less, as shown on Plat of Survey, prepared by Melvin H. Pair and Associates for Anglin-Barnett Associates, dated August 1, 1980. Tax Parcel #6-150-149 All that tract or parcel of land lying and being in Land Lot 150 of the 6th District of Gwinnett County, Georgia, and being more particularly described as follows: To find the POINT OF BEGINNING, commence at the point of intersection formed by the eastern edge of the right of way of Berkmar Drive (a 60 foot right of way) and the

Page 3711

northern edge of the present right of way of U. S. Highway 29 (an 80 foot right of way); thence North 80 degrees 53 minutes 05 seconds East a distance of 200.25 feet to a point located on the northern edge of the present right of way of U. S. Highway 29; thence north 09 degrees 49 minutes 33 seconds West a distance of 14.34 feet to an iron pin set, which is the POINT OF BEGINNING; thence from said POINT OF BEGINNING continue North 09 degrees 49 minutes 33 seconds West a distance of 238.17 feet to an iron pin found; thence South 80 degrees 10 minutes 27 seconds West a distance of 201.06 feet to an iron pin found on the eastern or northeastern edge of the right of way of Berkmar Drive; thence northwesterly along the northeastern edge of the right of way of Berkmar Drive and following the curvature thereof along the arc of a curve to the left, a distance of 32.68 feet to a point (which arc is subtended by a chord North 27 degrees 09 seconds 07 minutes West a distance of 32.67 feet); thence continuing along the northeastern edge of the right of way of Berkmar Drive North 29 degrees 17 minutes 0 seconds West a distance of 216.7 feet to an iron pin found; thence along the southeastern edge of the right of way of Berkmar Drive North 60 degrees 37 minutes 0 seconds East a distance of 104.99 feet to an iron pin found; thence leaving said right of way and running North 80 degrees 10 minutes 27 seconds East a distance of 210.89 feet to an iron pin found; thence South 09 degrees 49 minutes 33 seconds East a distance of 168.00 feet to an iron pin; thence southeasterly along the arc of a curve to the left a distance of 23.56 feet to an iron pin (which arc is subtended by a chord South 54 degrees 49 minutes 13 seconds East a distance of 21.21 feet); thence North 80 degrees 10 minutes 27 seconds East a distance of 167.00 feet to an iron pin set; thence South 09 degrees 49 minutes 33 seconds East a distance of 45.00 feet to a point; thence southeasterly along the arc of a curve to the left a distance of 7.85 feet to a point (which arc is subtended by a chord South 54 degrees 49 minutes 33 seconds East a distance of 7.07 feet); thence North 80 degrees 10 minutes 27 seconds East a distance of 25.00 feet to an iron pin set; thence South 09 degrees 49 minutes 33 seconds East a distance of 228.14 feet to an iron pin set located on the northern edge of the right of way of U. S. Highway 29 (an 80 foot right of way); thence southwesterly along the northern and northwesterly right of way line of

Page 3712

said U. S. highway 29 along the arc of a curve to the left a distance of 244.14 feet (which arc is subtended by a chord South 68 degrees 52 minutes 57 seconds West a distance of 243.58 feet) to the POINT OF BEGINNING; said property containing 3.249 acres, more or less, and is shown on a plat of survey prepared for Consulta of America by Bruner Engineering Co., Inc., Benny L. Bruner, Ga. R.L.S. No. 1648 dated 10/1/80, File 210-5, which plat is incorporated herein by reference. Tax Parcel #6-150-143 All that tract or parcel of land lying and being in Land Lot 150 of the 6th District of Gwinnett County, Georgia, and being more particularly described as follows: TO ARRIVE AT THE TRUE POINT OF BEGINNING, begin at an iron pin marking the point of intersection of the Southeast right of way line of Berkmar Drive (having a 60 foot right of way) with the Northeast right of way line of U. S. Highway 29 (having a 100 foot right of way); thence running North 01 degrees 55 minutes west along the Southeast right of way line of Berkmar Drive 55.03 feet to a point; run thence northwest along the curvature of the Southeast right of way line of Berkmar Drive 177.11 feet (said course having a chord of north 13 degrees 29 minutes 07 seconds West 175.91 feet) to an iron pin; continue thence along the Southeast right of way of Berkmar Drive 15.35 feet (said course having a chord of North 26 degrees 01 minutes 13 seconds West 15.35 feet) to a point; continue thence along the East right of way of Berkmar Drive 17.33 feet (said course having a chord North 28 degrees 09 minutes 06 seconds West 17.33 feet) to a point; run thence North 29 degrees 17 minutes West 216.70 feet to a point; run thence North 60 degrees 37 minutes East 104.99 feet to an iron pin and BEING THE TRUE POINT OF BEGINNING; run thence North 60 degrees 37 minutes East 734.02 feet to a concrete monument; thence South 31 degrees 55 minutes 08 seconds East 158.81 feet to an iron pin; run thence South 25 degrees 58 minutes 08 seconds West 127.00 feet to an iron pin; thence continuing South 25 degrees 58 minutes 08 seconds West 33.37 feet to a point; running thence South 34 degrees 29 minutes 27 seconds West 114.80 feet to a point;

Page 3713

run thence South 43 degrees 35 minutes 27 seconds West 99.30 feet to a point; run thence South 54 degrees 30 minutes 27 seconds West 95.2 feet to a point; thence South 62 degrees 20 minutes 27 seconds West 19.93 feet to a point; run thence North 09 degrees 49 minutes 33 seconds West 37.17 feet to an iron pin; thence South 80 degrees 10 minutes 27 seconds West 167.00 feet to an iron pin; run thence along an arc 23.56 feet (said course having a Chord North 54 degrees 49 minutes 33 seconds West 21.21 feet) to an iron pin; thence running North 09 degrees 49 minutes 33 seconds West 168.00 feet to an iron pin; run thence South 80 degrees 10 minutes 27 seconds East 211.89 feet to an iron pin and the place and point of beginning. Said tract containing a total of 3.749 acres and being designated as Tract III as per plat of survey prepared by Melvin H. Pair, Surveyor, dated December 16, 1977. Tax Parcel #6-150-223 All that tract or parcel of land lying and being in Land Lot 150 of the 6th Land District, Gwinnett County, Georgia and being more particularly described as follows: BEGINNING at a point located at the intersection of the westerly right of way line of Pleasant Hill Road and the northwesterly right of way line of Lawrenceville Hwy. (U.S. Hwy. 29); thence, southwesterly along said northwesterly right of way line of Lawrenceville Hwy. (U.S. Hwy. 29) a distance of 711.13 feet to 1/2 iron pin on said right of way line, said iron pin set being the TRUE POINT OF BEGINNING of said tract herein described as follows: Thence, southwest along said right of way line an arc distance of 225.00 feet, having a radius of 1,021.94 feet, chord of 224.55 feet, and a chord bearing of south 45 degrees 23 minutes 29 seconds west to a 1/2 iron pin set on said right of way line; thence north 32 degrees 02 minutes 00 seconds west leaving said right of way line a distance of 403.95 feet to a 1/2 iron pin set; thence north 57 degrees 58 minutes 00 seconds east a distance of 219.16 feet to a 1/2 iron pin set; thence south 32 degrees 02 minutes 00 seconds east a distance of 355.06 feet to a 1/2 iron pin set on said right of way line, said iron pin being the TRUE POINT OF BEGINNING.

Page 3714

Tax Parcel #6-150-125 All that tract or parcel of land lying and being in Land Lot 150 of the 6th District, Gwinnett County, Georgia, as shown on survey for Scott Youngblood by Lloyd C. McNalley, Jr., Registered Land Surveyor No. 2040, dated August 6, 1981, and more particularly described as follows: TO FIND THE POINT OF BEGINNING begin at the intersection of the easterly right of way of the old 60 foot right of way of Berkmar Drive and the northerly right of way of the old 60 foot right of way of U. S. highway 29 a/k/a Lawrenceville Highway; thence northeasterly along the old 60 foot right of way of U. S. Highway 29 873.64 feet to a point; thence northerly 32 degrees 09 minutes 55 seconds West 27.57 feet to a point found on the westerly side of the existing right of way of U. S. Highway 29 (88 foot right of way), which point is the POINT OF BEGINNING; thence North 32 degrees 09 minutes 55 seconds West along the property line of property now or formerly owned by Gary Anglin 266.93 feet to an iron pin found; thence North 25 degrees 55 minutes 34 seconds East along the line of property now or formerly owned by Gary Anglin 127.00 feet to an iron pin found; thence South 31 degrees 47 minutes 53 seconds East along the property now or formerly owned by Kenerly 290.97 feet to a point found on the westerly right of way of U. S. Highway 29 (88 foot right of way); thence along an arc and along the westerly right of way of U. S. Highway 29 (chord equals 35 degrees 42 minutes 56 seconds West 114.36 feet) 114.42 feet to a point found at the point of beginning. Tax Parcel #6-150-211 All that tract or parcel of land lying and being in Land Lot 150 of the 6th District, Gwinnett County, Georgia, containing 4.98 acres and shown as Tract 2 on survey for Hershel E. Stanford prepared by Hannon Meeks, Surveyors, dated October 26, 1967, recorded in Plat Book 17, Page 228, Plat Records of Gwinnett County, and more particularly described as follows:

Page 3715

BEGINNING at an iron pin on the southwesterly right of way line of Pleasant Hill Road (a 60 foot right of way) located 732.4 feet southeasterly as measured along said right of way line and following the curvature thereof from its intersection with the southeast right of way of Burns Road and thence along the southwesterly right of way line of Pleasant Hill Road South 30 degrees 06 minutes East 447.6 feet to an iron pin on the northwest side of a 60 foot access road as shown on the above referenced plat; run thence along said access road South 59 degrees 21 minutes West 485.0 feet to an iron pin; run thence North 30 degrees 00 minutes West 448.3 feet to a concrete monument found; run thence North 59 degrees 24 minutes East 484.4 feet to an iron pin on the southwesterly right of way line of Pleasant Hill Road and the place or point of beginning. Tax Parcel #6-150-010 All that tract or parcel of land lying and being in Land Lot 150 of the 6th District, Gwinnett County, Georgia, and containing one (1) acre, more or less, and described as follows: BEGINNING at a point where the northwesterly side of the Lawrenceville-Decatur Highway (U.S. Highway 29) intersects the southwesterly side of the Pleasant Hill Road (Duluth Road); thence in a northwesterly direction along the southwest side of the Pleasant Hill Road for 165 feet; thence southwesterly for 200 feet; thence southeasterly, direction for 235 feet to the northwest side of U. S. Highway 29; thence northeasterly for 200 feet along the northwest side of said Highway to the point of beginning. This being the same property described in a deed from D. L. Garner and R. L. Campbell to W. R. Mauldin, dated January, 1926, and recorded in Deed Book 41, Page 479, Records of Gwinnett County, Georgia. Tax Parcel #6-150-11 All that tract or parcel of land lying and being in Land Lot 150 of the 6th District, Gwinnett County, Georgia, being more particularly described as follows:

Page 3716

BEGINNING at an iron pin on the southwest side of Berkmar Drive (a 60-foot right of way) said iron pin being located at a point 272.98 feet northwesterly as measured along the westerly right of way of Berkmar Drive from the point of intersection of the northerly right of way of U.S. Highway No. 29 (a 60 foot right of way) with the westerly right of way of Berkmar Drive; run thence south 81 degrees 13 minutes 14 seconds West 302.72 feet to an iron pin; thence south 81 degrees 05 minutes 15 seconds west 643.97 feet to an iron pin; thence north 31 degrees 25 minutes 52 seconds west 767.42 feet to an iron pin; thence north 59 degrees 40 minutes 18 seconds east 641.87 feet to a concrete marker; thence south 31 degrees 17 minutes east 901.54 feet to a concrete marker; thence south 31 degrees 17 minutes east 901.54 feet to a concrete marker; thence north 60 degrees 50 minutes 35 seconds 242.70 feet to an iron pin; thence south 29 degrees 18 minutes 09 seconds east along the westerly right of way of Berkmar Drive 207.25 feet to an iron pin and the place or point of beginning containing 14.042 acres and as more particularly shown on plat of survey made by Travis Pruitt and Associates, P.C., dated April 4, 1977. Tax Parcel #6-150-11C Parcel One: All that tract or parcel of land lying and being in Land Lot 150 of the 6th District, Gwinnett County, Georgia, more particularly described as follows: BEGINNING at an iron pin found on the southwesterly right of way of Pleasant Hill Road (60 foot right of way) 732.4 feet southeasterly from the intersection of the southwesterly right of way of Pleasant Hill Road with the southerly right of way of Burns Road (60 foot right of way); thence South 30 degrees 06 minutes East along the southwesterly right of way of Pleasant Hill Road 447.6 feet to an iron pin found at the intersection of the southwesterly right of way of Pleasant Hill Road with the northwesterly right of way of a 60 foot access road to school; thence South 59 degrees 21 minutes West along the northwesterly right of way of said access road 485.0 feet to an iron pin found on the northeasterly line of property now or formerly owned by the State School Building Authority; thence North 30 degrees 00 minutes West along the northeasterly line of said property

Page 3717

now or formerly owned by the State School Building Authority 448.3 feet to a concrete monument found, and the southeasterly line of property now or formerly owned by Metropolitan Land Development and Investment Corp.; thence North 59 degrees 24 minutes East 484.4 feet to an iron pin found on the southwesterly right of way of Pleasant Hill Road, at the point of beginning; as shown on survey for Hershel E. Stanford by Hannon Meeks, Surveyors, dated October 26, 1967, which survey is incorporated herein by reference as if fully set forth herein. Parcel Two: BEGINNING at a point located on the southwesterly right of way of Pleasant Hill Road (60 foot right of way) 1240.0 feet southeasterly from the intersection of the southwesterly right of way of Pleasant Hill Road with the southerly right of way of Burns Road (60 foot right of way); thence South 30 degrees 36 minutes East along the southwesterly right of way of Pleasant Hill Road 400.0 feet to a point located at the northerly point of property now or formerly owned by Gulf Oil Corporation; thence South 46 degrees 24 minutes West along the northwesterly line of property now or formerly owned by Gulf Oil Corporation 190.6 feet to a point; thence North 36 degrees 06 minutes East along the southwesterly line of property now or formerly owned by Gulf Oil Corporation 202.46 feet to a point located on the northwesterly right of way of U. S. Highway 29 (100 foot right of way); thence South 25 degrees 59 minutes West along said right of way 310.63 feet to a point; thence South 27 degrees 28 minutes West along said right of way 62.29 feet to a point; thence North 31 degrees 56 minutes West along the line of property now or formerly owned by Mrs. Annie B. Campbell 449.96 feet to a point; thence North 30 degrees 00 minutes West along the property line of property now or formerly owned by the State School Building Authority 398.3 feet to a point located on the southeasterly right of way of a 60 foot access road to school; thence North 59 degrees 21 minutes East along the southeasterly right of way of said access road 485.1 feet to a point located on the southwesterly right of way of Pleasant Hill Road, at the point of beginning; as shown on plat for Anglin-Barnett by Wilson M. Price and Thomas M. Patton, Land Surveyors, dated March 19, 1982, which survey is incorporated herein by reference as if fully set forth therein.

Page 3718

Tax Parcel #6-150-214 All that tract or parcel of land lying and being in Land Lot 150 of the 6th District of Gwinnett County, Georgia, and being more particularly described as follows: BEGINNING at a point found on the southwesterly right of way of Berkmar Drive (a 60 foot right of way), 458.04 feet northwesterly along said southwesterly right of way of Berkmar Drive from the corner formed by the intersection of the southwesterly right of way of Berkmar Drive with the northerly right of way of U. S. Highway 29 (a 100 foot right of way); running thence South 60 degrees 38 minutes 21 seconds West 242.70 feet to an iron pin set; running thence North 31 degrees 22 minutes 41 seconds West 221.51 feet to a R-Bar found; running thence North 59 degrees 35 minutes 53 seconds East 20.00 feet to an iron pin set; running thence along an arc of a curve to the left (chord equals South 85 degrees 56 minutes 35 seconds East 264.29 feet) 272.44 feet to a point; running thence North 69 degrees 40 minutes 00 seconds East 70.00 feet to an iron pin set; running thence South 38 degrees 10 minutes 00 seconds East 25.00 feet to an iron pin set; running thence along an arc of a curve to the left (chord equals 21 degrees 56 minutes 51 seconds West 64.78 feet) 67.81 feet to a point found along the northwesterly right of way of Berkmar Drive; running thence South 60 degrees 38 minutes 21 seconds West along the northwesterly right of way of Berkmar Drive 12.50 feet to a point found on the southwesterly right of way of Berkmar Drive and the point of beginning as shown on that certain survey for Gwinnett County Board of Education by Mack L. Meeks, Registered Land Surveyor, dated July 16, 1984, which said survey is expressly incorporated herein. Tax Parcel #6-150-02A All that tract or parcel of land lying and being in Land Lot 150 of the 6th District of Gwinnett County, Georgia, and consisting of 0.52 acres according to a plat of survey by Higginbotham James, Surveyors, dated June 18, 1962, reference to which is made for a complete description of said property. This property is described according to said plat as follows:

Page 3719

BEGINNING at the intersection of the Southeast side of the Luxomni Road with the Southerly side of the right of way of U. S. Highway 29; thence in an Easterly direction along the Southerly side of the right of way of U. S. Highway 29 for 142.1 feet to an iron pin corner; thence South 3 degrees 36 minutes East for 137.4 feet to an iron pin corner; thence South 81 degrees 08 minutes West for 192.1 feet to an iron pin corner located on the Southeast side of the right of way of Luxomni Road; thence North 15 degrees 30 minutes East along said right of way for 150 feet to the point of beginning. Tax Parcel #6-150-2 All that tract or parcel of land lying and being in Land Lot 150, 6th District, Gwinnett County, Georgia, and being more particularly described as follows: BEGINNING at an iron pin found located on the southerly right of way of U.S. Highway 29 (88 R/W), said iron pin being northeasterly 301.98 feet from the intersection of the south right of way U.S. Hwy. 29 and the easterly right of way of Luxomni Road (60 R/W); thence running North 80 degrees 01 minutes 15 seconds East, 80.65 feet along the southerly right of way of U.S. Hwy. 29 to an iron pin set; thence South 02 degrees 42 minutes 57 seconds East, 177.66 feet to an iron pin set; thence South 22 degrees 32 minutes 43 seconds East 110.50 feet to an iron pin set on the south Land Lot Line of Land Lot 150; thence running South 59 degrees 29 minutes 00 seconds West, 80.78 feet along the said Land Lot Line to an iron pin set; thence North 22 degrees 32 minutes 43 seconds West 135.69 feet to an iron pin found; thence North 02 degrees 42 minutes 57 seconds West 181.45 feet to an iron pin found on the southerly right of way U.S. Hwy. 29 and the POINT OF BEGINNING. Said tract of land containing 24,212 square feet or 0.556 acres and being described according to a plat of survey prepared for Ray Rupured on September 23, 1986, by Melvin Pair Associates of Duluth, Georgia. Tax Parcel #6-150-2D All that tract and parcel of land lying and being situate in Land Lot 150 of the 6th Land District, Gwinnett County,

Page 3720

Georgia, and being described according to a plat of survey recorded at Plat Book L, Page 76, said plat being incorporated herein by reference and said property being more particularly described as follows: BEGINNING at a point located on the southeasterly right of way line of Luxomni Road, said point being located 149 feet southwesterly from the intersection formed by the southerly right of way line of U.S. Highway 29 with the southeasterly right of way line of Luxomni Road as measured on the southeasterly right of way line of said Luxomni Road; thence north 81 degrees, 02 minutes east, 192.1 feet to a point; thence south 3 degrees, 47 minutes east, along the southwesterly line of property formerly owned by Garland Jones 45.3 feet to a point; thence south 79 degrees, 19 minutes west along the line of property now or formerly owned by Paul Jones 220 feet to the southeasterly right of way line of the said Luxomni Road; thence north 14 degrees 19 minutes east along the southeasterly right of way line of said Luxomni Road 77.1 feet to the point of beginning. Tax Parcel #6-150-02C All that tract or parcel of land lying and being in Land Lot 150 of the 6th Land District, Gwinnett County, Georgia and described as follows: BEGINNING at an iron pin corner located on the easterly side of the Luxomni Road, said point of beginning being 230 feet and 6 inches in a southwesterly direction, as measured along the easterly side of Luxomni Road, from the point of intersection of the easterly side of Luxomni Road with the southerly side of the right of way of U.S. Highway 29; thence in a southwesterly direction along the easterly side of Luxomni Road for 80 feet and 6 inches; thence north 67 degrees East for 262 feet and 8 inches to an iron pin; thence north 03 degrees 36 minutes West for 45 feet and 6 inches to an iron pin; thence in a westerly direction for 227 feet to the point of beginning. This is the same property described in a deed from Garlon H. Jones to Elmer J. Jones, dated December 19, 1962, and a part of the same property described in a deed from J. W. Garner to Elmer J. Jones and Garlon N. Jones, dated May 3, 1956, recorded in deed book 122, page 336, Gwinnett records.

Page 3721

Tax Parcel #6-150-003 All that tract or parcel of land lying and being in Land Lot 150 of the 6th District, Gwinnett County, Georgia, containing 2.04 acres, according to survey and plat of G. L. Veal, Surveyor, dated April 1, 1949, which by reference is made a part hereof and more particularly described as follows: BEGINNING in the center of Luxomni Road at a corner with the property now or formerly owned by Helen Landress and run thence North along the center of said road 265 feet to a point; run thence North 67 degrees East 686 feet to a point; run thence South 29 degrees East 100 feet to a point; run thence South 59 degrees West 864 feet to a point in the center of Luxomni Road and the Place of Beginning. Tax Parcel #6-150-5 All that tract or parcel of land lying and being in Land Lot 150 of the 6th Land District, Gwinnett County, Georgia, and being more particularly described as follows: BEGINNING at a poin on the Southeast right of way line of U.S. Hwy. 29 (60 foot right of way), located 160.9 feet Southwest as measured along said right of way line from an iron pin marking the point of intersection of the Southeast right of way line of U.S. Hwy. 29 with the northwest right of way line of Luxomni Road (60 foot right of way); run thence South 14 degrees 01 minutes 30 seconds West 190 feet to an iron pin; run thence North 79 degrees 57 minutes 30 seconds East 160.9 feet to an iron pin on the Northwest right of way line of Luxomni Road; run thence South 12 degrees 44 minutes 30 seconds West along the Northwest right of way line of Luxomni Road 203.2 feet to an iron pin; run thence North 88 degrees 9 minutes 30 seconds West 486.2 feet to a point; run thence North 5 degrees 27 minutes East 272.1 feet to an iron pin on the Southeast right of way line of U.S. Highway 29; run thence Northeast along said right of way line 100 feet to an iron pin; continue thence North 80 degrees 5 minutes 30 seconds East along said right of way line 35.2 feet to an iron pin; run thence North 79 degrees 57 minutes 30 seconds East along said right of way line 263.1 feet to an

Page 3722

iron pin, which is the place or point of beginning, and being described by plat of survey by H.M. Boeke, Registered Surveyor, dated April, 1976 as last revised, May 11, 1976. Tax Parcel #6-150-05A All that tract or parcel of land lying and being in Land Lot 150 of the 6th District, Gwinnett County, Georgia and being more particularly described as follows: BEGINNING at a point on the Southeast right of way line of U.S. Highway 29 (60 foot right of way), located 160.9 feet Southwest as measured along said right of way line from an iron pin marking the point of intersection of the Southeast right of way line of U.S. Highway 29 with the Northwest right of way line of Luxomni Road (60 foot right of way); run thence South 14 degrees 01 minutes 30 seconds West 190 feet to an iron pin; run thence North 79 degrees 57 minutes 30 seconds East 160.9 feet to an iron pin on the Northwest right of way line of Luxomni Road; run thence South 12 degrees 44 minutes 30 seconds West along the Northwest right of way line of Luxomni Road 203.2 feet to an iron pin; run thence North 88 degrees 9 minutes 30 seconds West 486.2 feet to a point; run thence North 5 degrees 27 minutes East 32.1 feet to an iron pin; run thence South 88 degrees 9 minutes 30 seconds East 159.7 feet to an iron pin; thence North 5 degrees 27 minutes East 23.5 feet to an iron pin; run thence North 79 degrees 57 minutes 30 seconds East 110.0 feet to an iron pin; run thence North 5 degrees 27 minutes East 249.1 feet to an iron pin on the Southeast right of way line of U. S. Highway 29; run thence North 79 degrees 57 minutes 30 seconds East along said right of way line 123.3 feet to an iron pin, which is the place or point of beginning, and being described by plat of survey by H. M. Boeke, Registered Surveyor, dated April, 1976 as last revised, May 11, 1976. Tax Parcel #6-150-135 All that tract or parcel of land lying and being in Land Lot 150 of the 6th Land District, Gwinnett County, Georgia, being more particularly described as follows:

Page 3723

BEGINNING at a point marked by an iron pin on the southeast right of way line of U.S. Highway 29 (60 foot right of way) located 284.2 feet southwest as measured along said right of way line from the intersection of the southeast right of way line of U. S. Highway 29 with the west right of way line of Luxomni Road; run thence South 5 degrees 27 minutes West 249.1 feet to an iron pin; run thence South 79 degrees 57 minutes 30 seconds West 110 feet to an iron pin; run thence North 5 degrees 27 minutes East 249.1 feet to an iron pin on the Southeast right of way line of U. S. highway 29; run thence North 79 degrees 57 minutes 30 seconds East along said right of way line 110 feet to the place or point of beginning; said tract containing 26,400 square feet and being particularly described according to a plat of survey by H. M. Boeke, Surveyor, dated May, 1976, as revised May 11, 1976. Tax Parcel #6-150-136 All that tract or parcel of land lying and being in Land Lot 150 of the 6th District, Gwinnett County, Georgia, and being more particularly described as follows: TO FIND THE TRUE POINT OF BEGINNING begin at a point on the south old right of way line of U. S. Highway 29 (presently having a 100 foot right of way) 394.2 feet West from its intersection with the West right of way line of Luxomni Road; running thence South 04 degrees 54 minutes 09 seconds West a distance of 20.75 feet to an iron pin set on the present south right of way line of U. S. Highway 29, said iron pin set being the TRUE POINT OF BEGINNING; from said TRUE POINT OF BEGINNING thus established leaving said right of way line and continuing thence South 04 degrees 54 minutes 09 seconds West a distance of 251.85 feet to an iron pin found; running thence North 88 degrees 42 minutes 21 seconds West a distance of 160.17 feet to an iron pin found; running thence North 04 degrees 54 minutes 09 seconds East a distance of 219.37 feet to an iron pin set on the present south right of way line of U. S. Highway 29; running thence in a northeasterly direction along the present south right of way line of U. S. Highway 29 the following courses and distances: along the arc of a 5,758.05 foot radius curve an arc distance of 139.52 feet to a point (said arc being subtended by a chord bearing North 80 degrees 06 minutes

Page 3724

18 seconds East and having a length of 139.53 feet); and North 79 degrees 24 minutes 39 seconds East a distance of 25.89 feet to an iron pin set, said iron pin set being the TRUE POINT OF BEGINNING. The above described property is shown on and delineated according to that certain Boundary Topographical Survey for KFC by J. S. Ross Associates, Jack R. Busby, Georgia Registered Land Surveyor No. 1875, dated June 2, 1986, which survey is incorporated herein by this reference and made a part of this description. Tax Parcel #6-150-004 All that tract or parcel of land lying and being in Land Lot 150 of the 6th District, Gwinnett County, Georgia, and containing two acres, more or less, and being part of the land deeded to W. R. Mauldin by Hoke S. Minor by deed dated February 7, 1949. This two acre tract is located on the road leading from the Decatur Highway to the town of Luxomni, Georgia, and bounded as follows: North by said Road leading from Highway to Luxomni; East by land of James W. Garner; South by lands of J. W. Garner and West by lands of W. R. Mauldin. Tax parcel #6-150-05B All that tract or parcel of land lying and being in Land Lot 150 of the 6th District, Gwinnett County, Georgia, and being more particularly described as follows: BEGINNING at an iron pin on the southerly side of Law-renceville Highway, said iron pin being 560.38 feet westerly from the intersection of the southerly right of way of Law-renceville Highway with the right of way of Luxomni Road (said point also being 589.38 feet along the southerly right of way of Lawrenceville Highway from the center line of Luxomni Road; running thence along the arc of a curve along the southerly side of Lawrenceville Highway 180.74 feet to an iron pin found, said arc being subtended by a chord bearing South 84 degrees 23 minutes 15 seconds West 180.72 feet, having a radius of 8362.51 feet; running thence South 7 degrees 47 minutes 15 seconds West along the property line

Page 3725

of property now or formerly Mary Lee Garner 554.73 feet to an iron pin found; running thence South 30 degrees 35 minutes 25 seconds East 50.70 feet to an iron pin set on the northwesterly right of way of Jansses Street (said right of way being 60 feet at this point); running thence North 69 degrees 19 minutes 10 seconds East along the northwesterly right of way of Jansses Street 165.35 feet to an iron pin found; running thence North 7 degrees 40 minutes 50 seconds East along the property line of property now or formerly John and Essie Kennedy and property line of property now or formerly Roy Harrison 550.72 feet to an iron pin, said iron pin being the POINT OF BEGINNING, containing 2.346 acres as shown on survey for Anglin/Barnett Properties by Milton Robert Lemon, Georgia Registered Professional Land Surveyor Number 1439, dated March 9, 1988. Tax Parcel #6-150-01B All that tract or parcel of land lying and being in Land Lot 150 of the 6th District, Gwinnett County, Georgia, being more particularly described as follows: BEGINNING at an iron pin on the Northeasterly side of Arcadia Road (based on a 60 foot right of way) 598.5 feet Southeasterly as measured along the Northeasterly side of Arcadia Road from the intersection formed by the Northeasterly side of Arcadia Road and the center line of U. S. Highway No. 29; thence North 59 degrees 54 minutes East 371.9 feet to an iron pin; thence South 28 degrees 57 minutes East 188.7 feet to an iron pin; thence North 60 degrees 05 minutes East 206.2 feet to an iron pin; thence South 24 degrees 41 minutes East 60.1 feet to an iron pin; thence South 24 degrees 41 minutes East 110.8 feet to a Georgia Power Company Brass Cap in concrete on the Southeast line of Land Lot 150; thence South 60 degrees 15 minutes West along said Land Lot Line 358.1 feet to a Georgia Power Brass Cap in concrete; thence North 30 degrees 31 minutes West 22.4 feet to an iron pin; thence South 60 degrees 33 minutes West 200.2 feet to an iron pin on the Northeasterly side of Arcadia Road; thence North 29 degrees 43 minutes West along the Northeasterly side of Arcadia Road 361.38 feet to the iron pin at the point of beginning, containing 4.007 acres and being described according to plat of survey made by

Page 3726

Hannon, Meeks Bagwell, Surveyors Engineers, Inc., dated December 6, 1973. Tax Parcel #6-150-6 All that tract or parcel of land lying and being in Land Lot 150 of the 6th District, Gwinnett County, Georgia, being more particularly described as follows: BEGINNING at an iron pin on the Southerly right of way line of U.S. Highway No. 29, (having a 60 foot right of way) a distance of 268.95 feet as measured Easterly along said Southerly right of way line from the point of intersection of the Southerly right of way line of U.S. Highway No. 29 (having a 60 foot right of way) and the Easterly right of way line of Arcado Road (having a 60 foot right of way); thence continuing Easterly along the Southerly right of way line of U. S. Highway No. 29 (having a 60 foot right of way) along the arc of a curve (having a chord bearing North 79 degrees 50 minutes 58 seconds East a distance of 217.02 feet, and a radius of 1,721.98 feet), a distance of 217.16 feet to a point; thence running North 83 degrees 27 minutes 44 seconds East along the Southerly right of way line of U. S. Highway 29 (having a 60 foot right of way) a distance of 262.65 feet to an iron pin; thence running South 05 degrees 43 minutes 57 seconds West along the Westerly property line of property now or formerly owned by Carefree Grounds Maintenance a distance of 568.98 feet to an iron pin; thence running North 29 degrees 39 minutes 18 seconds West along the Easterly property line of property now or formerly owned by Metro Land Development company a distance of 138.63 feet to an iron pin; thence running North 29 degrees 40 minutes 27 seconds West along the Easterly property line of property now or formerly owned by Russell B. Smith a distance of 106.99 feet to an iron pin; thence running South 59 degrees 01 minutes 31 seconds West along the Northerly property line of property now or formerly owned by Russell B. Smith a distance of 117.59 feet to an iron pin; thence running North 29 degrees 24 minutes 04 seconds West along the Easterly property line of property now or formerly owned by Willie E. Haney, a distance of 152.43 feet to an iron pin; thence running North 29 degrees 35 minutes 06 seconds West along the Easterly property line of property now or

Page 3727

formerly owned by J. M. Hopkins, a distance of 244.11 feet to an iron pin and the POINT OF BEGINNING, containing 3.30 acres, more or less, as shown on Plat of Survey for Connolly Company, Inc., prepared by Donald W. Harkleroad Associates, Inc., Engineers, Atlanta, Georgia, dated June 22, 1976. Tax parcel #6-150-154 All that tract or parcel of land lying and being in Land Lot 150 of the 6th District of Gwinnett County, Georgia, and being more particularly described as follows: BEGINNING at a point marked by an iron pin on the southerly right of way of U.S. Highway No. 29, which said point is 160.0 feet easterly as measured along the said southerly right of way of U.S. Highway No. 29, from the center line of Arcado Road (a 30.0 foot right of way and also known as Arcadia Road); running thence easterly along the said southerly right of way of U. S. Highway 29 a distance of 104.9 feet to a point marked by an iron pin; running thence southeasterly a distance of 229.4 feet to a point marked by an iron pin; running thence southwesterly a distance of 72.2 feet to a point marked by an iron pin, said course forming an interior angle of 90 degrees 59 minutes with the preceding course; running thence northwesterly on a course forming an obtuse interior angle with the immediately preceding course of 114 degrees 34 minutes a distance of 84.4 feet to a point marked by an iron pin; running thence northwesterly on a course forming an obtuse interior angle with the immediately preceding course of 160 degrees 53 minutes, a distance of 97.4 feet to a point marked by an iron pin; running thence northwesterly on a course forming an obtuse interior angle with the immediately preceding course of 162 degrees 06 minutes, a distance of 84.0 feet to the POINT OF BEGINNING; according to a plat of individual survey prepared by Solar Land Surveying Company, dated June 28, 1979, being improved property known as 4184 U. S. Highway No. 29, according to the present system of numbering houses in the County of Gwinnett, Georgia. Tax Parcel #6-150-09

Page 3728

All that tract or parcel of land lying and being in Land Lot 150 of the 6th District, Gwinnett County, Georgia, and being more particularly described as follows: BEGINNING at an iron pin located at the point of intersection of the southeastern right of way line of U. S. Highway No. 29 with the northeastern right of way line of Arcado Road, if said right of way lines are extended to form a corner at said intersection instead of said intersection being mitered; and run thence northeasterly along the southeastern right of way line of U.S. Highway No. 29 as extended and along the southeastern right of way line of said Highway, a distance of 160.00 feet to an iron pin; run thence South 16 degrees 50 minutes 20 seconds east 83.98 feet to an iron pin; thence south 34 degrees 43 minutes 23 seconds east 34.78 feet to a point; run thence south 60 degrees 40 minutes 19 seconds west, 145.62 feet to an iron pin located on the northeastern right of way line of Arcado Road; run thence northwesterly along the northeastern right of way line of Arcado Road and along the extension of the northeastern right of way line of said Road, a distance of 150.03 feet to the iron pin at the point of intersection of said extended northeastern right of way line of Arcado Road with the extended southeastern right of way line of U. S. Highway No. 29 and the point of beginning. Tax Parcel #6-150-008 All that tract or parcel of land lying and being in Land Lot 150, 6th District, Gwinnett County, Georgia, being Tract III, as per plat of Survey for J. M. Hopkins, prepared by Solar Land Surveying Company, Reg. Land Surveyors, dated June 28, 1979, recorded in Plat Book 10, Page 269, Gwinnett County Records, and tract lying south of Tract III, and being more particularly described as follows: BEGINNING at a point on the northeasterly side of ARcado Road, also known as Arcadia Road, one hundred fifty (150) feet southeasterly from its intersection with U. S. Highway No. 29; running thence southeasterly along the northeasterly side of Arcado Road sixty two and sixty two hundredths (62.62) feet to an iron pin found; continuing thence southeasterly along the northeasterly side of Arcado Road seventy

Page 3729

six (76) feet to an iron pin found and property now or formerly owned by Wille E. Haney; running thence northeasterly along the northwesterly line of said Haney property at an interior angle of 87 degrees 43 minutes with the preceding course one hundred ninety (190) feet to an iron pin found; running thence northwesterly along a line that forms an interior angle of 65 degrees 19 minutes with the preceding course eighty four and four tenths (84.4) feet to an iron pin found; running thence northwesterly along a line that forms and exterior angle of 199 degrees 15 minutes with the preceding course sixty two and fifty four hundredths (62.54) feet to an iron pin found and Tract I; running thence southwesterly along the southeasterly line of said Tract I at an interior angle of 95 degrees 19 minutes with the preceding course one hundred forty five and sixty five hundredths (145.65) feet to the northeasterly side of Arcado Road and the point of beginning; being improved property having a one story frame house thereon, and being more particularly shown on survey prepared by Georgia Land Surveying Co., Inc. dated March 23, 1981. Tax Parcel #6-150-07A All that tract or parcel of land lying and being in Land Lot 150, 6th District, Gwinnett County, Georgia and being more particularly described as follows: TO FIND THE TRUE POINT OF BEGINNING, commence at an iron pin located on the southerly right of way line of U. S. Highway 29 (having a 60 foot right of way) a distance of 268.95 feet as measured easterly along said southerly right of way line from the point of intersection of the southerly right of way line of U. S. Highway 29 (having a 60 foot right of way) and the easterly right of way line of Arcado Road (having a 60 foot right of way); thence leaving said right of way line South 29 degrees 35 minutes 06 seconds East along the easterly right of way line of property now or formerly owned by J. M. Hopkins a distance of 244.11 feet to an iron pin found; thence South 29 degrees 24 minutes 04 seconds East along the easterly property line of property now or formerly owned by Willie E. Haney, a distance of 152.43 feet to an iron pin found and THE TRUE POINT OF BEGINNING. From the beginning point thus established,

Page 3730

North 59 degrees 01 minute 31 seconds East a distance of 117.59 feet to an iron pin found; thence South 29 degrees 40 minutes 27 seconds East a distance of 106.99 feet to an iron pin found; thence South 59 degrees 11 minutes 43 seconds West along the northerly line of property now or formerly owned by Lilburn Christian Church a distance of 372.99 feet to an iron pin found in the easterly right of way line of Arcado Road (a 60 foot right of way); thence along said right of way line North 30 degrees 22 minutes 34 seconds West a distance of 106.94 feet to an iron pin found; thence leaving said right of way line and along the southerly property now or formerly owned by Willie E. Haney, North 59 degrees 15 minutes 33 seconds East a distance of 256.72 feet to an iron pin found and the TRUE POINT OF BEGINNING, containing 0.92 acres and being designated as `Parcel 3' on that certain survey prepared for Connolly and Company, Inc. by Donald W. Harkleroad Associates, Inc., Engineers, Atlanta, Georgia, dated June 22, 1976, last revised May 25, 1979. Tax Parcel #6-133-12E, and 171 All that tract or parcel of land lying and being in Land Lot 133 of the 6th District, Gwinnett County, Georgia, and being more particularly described as follows: BEGINNING at an iron pin set on the southwesterly right of way line of Arcado Road (being a 60 foot right of way width) a distance of 971.3 feet along said right of way line in a southeasterly direction from the intersection of said right of way line with the southeasterly right of way line of U. S. Highway No. 29 (being an 80 foot right of way width); running thence along said southwesterly right of way line south 31 degrees 35 minutes 12 seconds east a distance of 290.1 feet to an iron pin set; running thence South 59 degrees 48 minutes 39 seconds West a distance of 200.00 feet to an iron pin set; running thence South 32 degrees 03 minutes 38 seconds east a distance of 100.02 feet to an iron pin set; running thence South 59 degrees 32 minutes 41 seconds West a distance of 184.20 feet to an iron pin set; running thence South 32 degrees 01 minutes 11 seconds east a distance of 133.0 feet to an iron pin set; running thence South 59 degrees 42 minutes 12 seconds west a distance of

Page 3731

330.00 feet to an iron pin set; running thence North 30 degrees 26 minutes 00 seconds west a distance of 530.5 feet to a point; running thence North 58 degrees 32 minutes 42 seconds east a distance of 453.00 feet to an iron pin set; running thence North 63 degrees 45 minutes 23 seconds east a distance of 49.5 feet to a point; running thence North 63 degrees 27 minutes 11 seconds east a distance of 200.00 feet to an iron pin located on the southeasterly right of way line of Arcado Road and the POINT OF BEGINNING, AS PER SURVEY PREPARED BY S.R. Fields, Land Surveyor, dated 4-3-84 and revised 8-27-84. Tax Parcel #6-133-12C All that tract or parcel of land lying and being in Land Lot 133 of the 6th Land District, Gwinnett County, Georgia, and being shown as Lot 7 Block B of Southeastern Estates Subdivision, Unit I, according to plat of survey prepared by Higginbotham James, Associates and being recorded at Plat Book K, Page 72, Gwinnett County, Georgia Records and incorporated herein by reference. The property address being known as 265 Arcado Road, according to the present system of numbering houses in Gwinnett County, Georgia. Tax Parcel #6-133-12B All that tract or parcel of land lying and being in Land Lot 133, 6th District, Gwinnett County, Georgia, and being more particularly described as follows: To find the true point of beginning commence at the intersection of the westerly right of way of Arcado Road (a 60 foot right of way) with the southerly right of way line of U. S. Highway 29 (an 80 foot right of way); run thence 1,361.40 feet southerly along said westerly right of way of Arcado Road to an iron pin found, which is the TRUE POINT OF BEGINNING; and from said point of beginning running thence South 32 degrees 13 minutes 19 seconds East 133.13 feet to an iron pin set; running thence South 59 degrees 33 minutes 43 seconds West 383.87 feet to an iron pin set; running thence North 32 degrees 01 minute 11 seconds West

Page 3732

133.00 feet to an iron pin set; running thence North 59 degrees 32 minutes 41 seconds east 383.40 feet to the point of beginning. Said property containing 1.171 acres and being the property shown on that certain survey for Robert D. Bostain, dated April 20, 1987 as prepared by Russell L. Shreeve, Jr., Georgia Registered Land Surveyor No. 2157 and recorded in Gwinnett County, Georgia Property Records and being known as 255 Arcado Road, Lilburn, Georgia, according to the present system of numbering roads in said county. Tax Parcel #6-133-11B All that tract or parcel of land lying and being in Land Lot 133, 6th District, Gwinnett County, Georgia, and being on the West side of Arcado Road and described as follows: BEGINNING at a point on the West side of Arcado Road joining lands of Jim Garner estate; thence in a southerly direction along said road 82 and 1/3 feet to a corner; thence in a westerly direction 1000 feet, more or less, to the center of creek; thence in a northerly direction 82 1/3 feet to a corner; thence in an easterly direction along the lands of Jim Garner estate to the point of beginning. This is the same tract of land conveyed to Alfred and Mary K. Stewart by Melvin J. Kennedy by deed dated April 7, 1962 and recorded in Deed Book 292 Page 188 Gwinnett County Records. Tax Parcel #6-133-11 All that tract or parcel of land lying and being in Land Lot 133 of the 6th Land District of Gwinnett County, Georgia, and described as follows: BEGINNING at a point on the west side of Arcado Road at a common corner with lands of Alfred Stewart and said point of beginning being 83 1/3 feet south of the lands of Jim Garner; thence in a southerly direction along Arcado Road 82 1/3 feet to a corner; thence in a westerly direction 800 feet more or less to the center of a creek; thence along creek in a northerly direction 81 1/2 feet to lands of Stewart; thence in

Page 3733

an easterly direction 800 feet more or less to Arcado Road and the point of beginning. Tax parcel #6-133-52 All that tract or parcel of land lying and being in Land Lot 133 of the 6th land district of Gwinnett County, Georgia and described as follows: BEGINNING at a point on the west side of Arcado Road at a common corner with lands this day conveyed to Leonard L. Kennedy and said point of beginning being 166 feet south of lands of Jim Garner; thence in a southerly direction along Arcado Road 82 1/2 feet to a corner; thence in a westerly direction 800 feet more or less to a creek; thence in a northerly direction along center of creek 82 1/2 feet to lands of Kennedy; thence in an easterly direction 800 feet more or less to the point of beginning. Tax Parcel #6-133-11C All that tract or parcel of land lying and being in Land Lot 133 of the 6th District of Gwinnett County, Georgia and described as follows: BEGINNING at a point in the center of the Arcado Road (formerly known as the Norcross-Luxomni Road), said point being where this tract joins the property of Leonard E. Kennedy (this date conveyed to Leonard H. Kennedy by the heirs at law of Mell Kennedy); thence westerly along said Leonard H. Kennedy property to the center of Jackson Creek thence northerly along said creek for 100 feet, more or less; thence westerly for 1,000 feet, more or less, to a point in the center of said road; thence southerly along the center of said road for 100 feet to the point of beginning. This is the northern portion of that property described in a warranty deed from J. W. Garner to Mell Kennedy, dated September 24, 1947, and recorded in deed book 62, page 572, Gwinnett records. Tax Parcel #6-133-11D

Page 3734

All that tract or parcel of land lying and being in Land Lot 133, 6th District, Gwinnett County, Georgia and said land is described as follows: BEGINNING at a point in the middle of the Luxomni-Norcross Road; now known as Arcado Road where this tract joins the property of Tom Kennedy; thence in the northerly direction along the center of said road for 85 feet; thence in a westerly direction for 1,000 feet, more or less to the middle of Jackson Creek; thence along the center of said creek in a southerly direction for 85 feet to the property of Tom Kennedy; thence in an easterly direction along the lands of Tom Kennedy to the Point of Beginning. This is the same property described in a Warranty Deed from Mell Kennedy to George and Sara Byrd, dated June 2, 1962 and recorded in Deed Book 181, Page 340, Gwinnett Records. Tax Parcel #6-133-11A All that tract or parcel of land lying and being in Land Lot 133, 6th District, Gwinnett County, Georgia and more particularly described as follows: BEGINNING at a point in the middle of the Luxomni-Norcross Road (now known as the Arcado Road), where this tract joins the property of Tom Kennedy; thence in the northerly direction along the center of said road for 85 feet; thence in a westerly direction for 1,000 feet, more or less to the middle of Jackson Creek; thence along the center of said creek in a southerly direction for 85 feet to the property of Tom Kennedy; thence in an easterly direction along the lands of Tom Kennedy to the Point of Beginning. Tax Parcel #6-133-9 All that tract or parcel of land lying and being in the cemetery at Luxomni Baptist Church being a cemetery lot 10 20 feet bounded as follows on the east by Lot No. 56 of J. T. Thompson; on the west by Church Road; on the North by Lot No. 07-A property of heir of S. M. Garner, on the south by Lot 2643-a property of heirs of C. D. Garner, Sr. This

Page 3735

deed made by virtue of property inherited by above said Hettie Garner Duncan from her father, James Washington Garner, now deceased. Tax Parcel #6-133-64 All that tract or parcel of land lying and being in Land Lot 133 of the 6th Land District, Gwinnett County, Georgia, partially in the City of Lilburn, designated as Tract No. 1, containing 1.00 acre, according to plat of survey by Hannon, Meeks, Bagwell, Surveyors Engineers, Inc., dated December 5, 1972, recorded in Plat Book 8, Page 161-A, Gwinnett County Plat Records, which plat is by reference incorporated herein and made a part hereof. Tax parcel #6-133-8 All that tract or parcel of land lying and being in Land Lot 133 of the 6th District, Gwinnett County, Georgia, being shown on a Plat of Survey prepared for Nathan L. Campbell by Quadra-Tech, Inc., dated July 1984, as 0.784 acres and being described in accordance with said survey as follows: BEGINNING at an iron pin found on the southwesterly side of Arcadia Road (based on an 80 foot right of way) 534.40 feet northwesterly as measured along the southwesterly side of Arcadia Road from the intersection formed by the southwesterly side of Arcadia Road with the center line of Luxomni Road; thence South 56 degrees 08 minutes 00 seconds West along property now or formerly owned by Hudson, 199.14 feet to an iron pin found; thence North 29 degrees 23 minutes 05 seconds West along property now or formerly belonging to Hudson, 177.86 feet to an iron pin found; thence North 59 degrees 28 minutes 33 seconds East, 198.90 feet to an iron pin set on the southwesterly side of Arcadia Road; thence South 29 degrees 16 minutes 17 seconds East along the southwesterly side of Arcadia Road, 166.25 feet to an iron pin found and THE POINT OF BEGINNING. Tax Parcel #6-133-16

Page 3736

All that tract or parcel of land lying and being in Land Lot 133 of the 6th District, Gwinnett County, Georgia, being designated as Tract No. 1 containing 1.00 acres and being more particularly described according to plat of survey of Hannon, Meeks Bagwell, Surveyors and Engineers, Inc., dated December 5, 1972, recorded in Plat Book [Illegible Text] Page [Illegible Text] Gwinnett County Plat Records as follows: TO LOCATE THE TRUE POINT OF BEGINNING, begin at the point where the center line of Arcadia Road (shown on said plat to have an 80 foot right of way) would intersect the center line of Luxomni Road if same were extended; thence run along the center line of Arcadia Road in a northwesterly direction a distance of 389.4 feet to a point; thence run South 62 degrees 47 minutes West 40.0 feet to an iron pin on the southwest right of way of Arcadia Road, being the TRUE POINT OF BEGINNING; thence run South 62 degrees 47 minutes West 238.12 feet to a point; thence run in a southwesterly direction along a curved line having a radius of 818.51 feet a distance of 25.0 feet to an iron pin; thence run North 25 degrees 12 minutes West 299.8 feet to an iron pin; thence run North 63 degrees 08 minutes East 47.1 feet to an iron pin; thence South 29 degrees 26 minutes East 178.0 feet to an iron pin; thence run North 56 degrees 08 minutes East 199.2 feet to an iron pin on the southwest right of way of Arcadia Road; thence run along the southwest right of way of Arcadia Road South 27 degrees 29 minutes East 145.0 feet to an iron pin, being the TRUE POINT OF BEGINNING. Tax Parcel #6-133-157, 156, 155, 168, and 169 All that tract or parcel of land lying and being in Land Lot 133 of the 6th District, Gwinnett County, Georgia, being Lots 3, 2, 1, 14, and 15, Block A, Lancaster Downs Subdivision, Unit One, as per plat recorded in Plat Book 25, Page 53, Gwinnett County, Georgia Records, reference to which plat is made for the purpose of incorporating the same as a part herein. Tax Parcel #6-133-6 All that tract or parcel of land lying and being in the Sixth (6th) land district of Gwinnett County, Georgia, and

Page 3737

being in the Town of Luxomni, commencing on Holt Street at a corner owned by W. M. Montgomery Estate and running one hundred and fifty (150) feet to an alley between said lot and the Nash lot, formerly R. N. Holt; thence running west two hundred (200) feet; thence south two hundred (200) feet to the right of way of the Seaboard Air Line Railway; thence east one hundred and fifty (150) feet along said right of way to corner of Lot of said W. M. Montgomery estate; thence north fifty (50) feet; thence east one hundred (100) feet to starting point, and being the same property described in deed from Mrs. Annie Garner to W. M. Montgomery dated May 4, 1923, and recorded in deed book 41 page 88, Gwinnett County Records. Also all that tract or parcel of land, and store house thereon, lying and being in the Sixty (6th) land district of Gwinnett County, Georgia, in the 405th Militia District and in the Town of Luxomni, commencing thirty (30) feet from the Seaboard Air Line Railway right-of-way and running north up Holt Street fifty (50) feet, more or less, to the land of W. M. Montgomery Estate; thence West along said W. M. Montgomery line one hundred (100) feet, more or less, to corner of W. M. Montgomery Estate land; thence south along W. M. Montgomery Estate land to within thirty (30) feet of Seaboard Air Line Railway right of way; thence east along the Seaboard Air Line right of way to starting point, this is the same tract of land, and improvements thereon, conveyed to W. M. Montgomery by Guy Garner and D. L. Garner May 29, 1923 by deed recorded in deed book 42 page 45, Gwinnett County records. Tax Parcel #6-132-5 All that tract or parcel of land lying and being in Land Lot 132 of the 6th District, Gwinnett County, Georgia, being more particularly described as follows: BEGINNING at the intersection of an alley with the east side of Arcado Street, thence run in an easterly direction 50 feet along the southerly side of the alley, thence run in a southerly direction 100 feet to a point, thence in a westerly direction 30 feet to a point on the east side of Arcado Road, thence run in a northerly direction 100 feet to the point of beginning.

Page 3738

Tax Parcel #6-132-6 All that tract or parcel of land lying and being in Land Lot 132 of the 6th District, Gwinnett County, Georgia, being more particularly described as follows: BEGINNING at a point at the intersection of the northwesterly right of way of Arcado Road and the northeasterly right of way of Luxomni Road (having a 60 foot right of way) continuing in a northeasterly direction along said right of way 30 feet to an iron pin set and the true point of beginning; run thence North 20 degrees 58 minutes 56 seconds East a distance of 100.00 feet to an iron pin found; run thence northeasterly along the southwesterly side of a 30 foot alley, North 65 degrees 53 minutes 13 seconds East a distance of 59.91 feet to an iron pin found; running thence South 21 degrees 00 minutes 00 seconds East a distance of 99.10 feet to an iron pin found; running thence South 65 degrees 02 minutes 01 seconds West a distance of 60 feet to an iron pin set on the northwesterly side of Luxomni and the point of beginning. Tax Parcel #6-132-40 All that tract or parcel of land lying and being in Land Lot 132 of the 6th District, Gwinnett County, Georgia, being more particularly described according to a plat of survey prepared by B. L. Bruner Associates, Inc., dated January 12, 1973, as follows: BEGINNING at an iron pin located on the Northwesterly right of way of Luxomni Road, 128 feet Northeasterly from the point where said right of way intersects the center line of Arcadia Road, thence run North 21 degrees 55 minutes 30 seconds West 99.09 feet to an iron pin; thence run North 62 degrees 46 minutes 00 seconds East 250 feet to an iron pin; thence run South 22 degrees 17 minutes 50 seconds East 123.79 feet to an iron pin located on the Northwesterly right of way of Luxomni Road; thence run along said right of way the following courses and distances South 62 degrees 42 minutes 20 seconds West 50.01 feet, South 70 degrees 54 minutes 30 seconds West 17.73 feet, South 70 degrees 01 minutes 40 seconds West 150 feet to an iron pin being the POINT OF BEGINNING.

Page 3739

Tax Parcel #6-132-9 All that tract or parcel of land lying and being in Land Lot 132 of the 6th District, Gwinnett County, Georgia, and being more particularly described according to a plat of survey prepared by B. L. Bruner Associates, Inc. dated January 12, 1973, as follows: BEGINNING at an iron pin located on the Northwesterly right of way of Luxomni Road 128 feet Northeasterly from the point where said right of way intersects the center line of Arcadia Road; thence run North 21 degrees 55 minutes 30 seconds West 99.09 feet to an iron pin; thence run North 62 degrees 46 minutes 00 seconds East 250 feet to an iron pin; thence run South 22 degrees 17 minutes 50 seconds East 123.79 feet to an iron pin located on the Northwesterly right of way of Luxomni Road; thence run along said right of way the following courses and distances; South 62 degrees 42 minutes 15 seconds West 32.26 feet; South 66 degrees 28 minutes 20 seconds West 50.01 feet; South 70 degrees 54 minutes 30 seconds West 17.73 feet; South 70 degrees 01 minutes 40 seconds West 150 feet to an iron pin being the POINT OF BEGINNING. Tax Parcel #6-132-10 All that tract or parcel of land lying and being in Land Lot 132, 6th District, Gwinnett County, Georgia, in the town of Luxomni, Georgia and being cut off the back end of what is formerly known as the Joe Garner Lots Nos. 44 and 45, the same being 53 X 100 ft. commencing at a corner and running back along alley 100 ft. to a corner; thence west along said line 53 feet thence north across said lots to Cedar Street 100 ft., thence along said Cedar Street 53 ft. to commencing point. Tax Parcel #6-132-4 All that tract or parcel of land lying and being in Land Lot 132 of the 6th District, Gwinnett County, Georgia, containing 0.421 acres according to a plat of survey by William F. Rolader, Registered Land Surveyor, dated June 19, 1980, for the Estate of Gatie Ross Garner and being more particularly described as follows:

Page 3740

To find the TRUE POINT OF BEGINNING, begin at the intersection of the northeasterly right of way of Arcado Road and the southeasterly right of way of Cedar Road; thence proceeding southeasterly along the northeasterly right of way of Arcado Road 101.23 feet to the point of beginning; thence continuing southeasterly along the northeasterly right of way of Arcado Road 100.33 feet to an iron pin at an alley; thence proceeding North 62 degrees 52 minutes 06 seconds East 179.38 feet along the northwesterly right of way of the said alley (15R/W) to an iron pin, thence North 26 degrees 27 minutes 28 seconds West 100 feet along a closed alley to a point; thence South 62 degrees 52 minutes 06 seconds West 187.60 feet to a point and the TRUE POINT OF BEGINNING. Tax Parcel #6-132-003 All that tract or parcel of land lying and being in Land Lot 132 of the 6th District, Gwinnett County, Georgia, and in the town of Luxomni, and bounded as follows: On the North by Cedar Street; on the East by the lands of L. W. Nash; on the South by lands of C. H. Landress; on the West by Hold Street. This tract of land is composed of lots numbers forty-three (43) and forty-four (44) in the town of Luxomni, and being known as the old Joe Garner property. Tax Parcel #6-132-03A All that tract or parcel of land lying and being in Land Lot 132 of the 6th District, Gwinnett County, Georgia, and in the town of Luxomni, and being cut off the back of what is formerly known as the Joe Garner lots numbers 44 and 45, the same being 53 X 100 feet, commencing at a corner and running back along an alley 100 feet to a corner; thence West along said line 53 feet; thence north across said lots to Cedar Street a distance of 100 feet, thence along said Cedar Street 53 feet to the point of beginning. This is part of the same tract of land conveyed to L. T. Garner, Jr., and Mary Lee Garner by Deed dated December 24, 1945, and recorded in Deed Book 79, page 495, records of Gwinnett County, Georgia.

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Tax Parcel #6-132-11 All that tract or parcel of land lying and being in Land Lot 132 of the 6th Land District, Gwinnett County, Georgia, being more particularly described as follows: BEGINNING at a point on the southerly side of Cedar Road at a point common to the corner of property now or formerly owned by Sweetwater Masonic Lodge; thence southerly along the west side of property owned by Sweetwater Masonic Lodge 200 feet to a point on the northerly side of a 15 foot alley; thence westerly along the northerly side of the said alley, 250 feet to a point located on the easterly side of an alley; thence northerly along the easterly side of said alley 200 feet to a point on the southerly side of Cedar Road; thence easterly along the southerly side of the said Cedar Road 250 feet to the point of beginning. Tax Parcel #6-132-2 All that tract and parcel of land lying and being in Land Lot 132 of the 6th District, Gwinnett County, Georgia and being known formerly as the Roy T. Lee homeplace, containing 7.62 acres more or less, and said property being more particularly described as follows: BEGINNING at the intersection formed by the northwesterly side of Cedar Road with the northeasterly right of way line of Arcado Road; thence northwesterly along the northeasterly side of the said Arcado Road 722 feet more or less, to the southerly corner of Lot 2; thence northeasterly along the southeasterly side of said subdivision 240 feet more or less to a point; thence southeasterly 210 feet to a point; thence northeasterly 62 feet to a point; thence southeasterly 510 feet more or less to the northwesterly side of Cedar Road; thence southwesterly along the northwesterly side of Cedar Road 350 feet more or less to the point of beginning. Tax Parcel #6-132-13 All that tract or parcel of land lying and being situate in Land Lot 132 of the 6th Land District, Gwinnett county,

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Georgia and being known and designated as Luxomni Baptist Church and its cemetery, said property containing 6.1 acres more or less and being located along the westerly side of the Luxomni Road. Tax Parcel #6-132-119 All that tract or parcel of land lying and being in Land Lot 132, 6th District, Gwinnett County, Georgia, and containing 1.940 acres as per plat made by S. R. Fields, Surveyor, on 10/31/83, and said land being described as follows: TO FIND THE TRUE POINT OF BEGINNING, begin where the center line of Luxomni Road intersects the center line of Cedar Street; thence in a Southwesterly direction 134.98 feet to a point; thence in a Northwesterly direction 15 feet to an iron pin found and the TRUE POINT OF BEGINNING; thence South 59 degrees 29 minutes 39 seconds West 100 feet to an iron pin set; thence North 28 degrees 16 minutes 00 seconds West 722.87 feet to an iron pin set; thence North 61 degrees 26 minutes 17 seconds East 155.75 feet to an iron pin set; thence South 30 degrees 05 minutes 09 seconds East 210.20 feet to an iron pin set; thence South 61 degrees 33 minutes 51 seconds West 62.50 feet to an iron pin set; thence South 28 degrees 16 minutes 00 seconds East 509.49 feet to an iron pin found and the TRUE POINT OF BEGINNING. Tax Parcel #6-132-1G, 1H, 23, 22, 21, 20, 24, 25, and 26 All that tract or parcel of land lying and being in Land Lot 132, 6th District, Gwinnett County, Georgia, being Lots 1, 2, 3, 4, 5, 6, 7, 8, and 9, Block F, Southeastern Estates, Unit One, as per plat recorded in Plat Book K, Page 72, Gwinnett County Records, which plat is hereby referred to and made a part of this description. Tax Parcel #6-132-19 All that tract or parcel of land lying and being in Land Lot 132 of the 6th District, Gwinnett County, Georgia, containing 0.6 acres according to plat of survey prepared for Keith Kenerly by McNally, Patrick Cole, Inc., Registered

Page 3743

Land Surveyors, dated February 24, 1981 and revised March 31, 1981, and being more particularly described as follows: TO FIND THE TRUE POINT OF BEGINNING, begin at a point on the southwesterly right of way of Luxomni Road (60 R/W), 1,173.15 feet southeasterly along the southwesterly right of way of Luxomni Road from the intersection of the southwesterly right of way of Luxomni Road with the centerline of U. S. Highway 29; thence South 61 degrees 25 minutes West, 10 feet to a point; thence South 26 degrees 42 minutes 21 seconds East along the southwesterly right of way of Luxomni Road (80 R/W), 115 feet to a point and the TRUE POINT OF BEGINNING; thence South 26 degrees 42 minutes 21 seconds East along the southwesterly right of way of Luxomni Road (80 R/W), 132.17 feet to an iron pin; thence South 64 degrees 17 minutes 17 seconds West 202.36 feet to an iron pin; thence North 26 degrees 13 minutes 52 seconds West 127.13 feet to an iron pin; thence North 62 degrees 51 minutes 27 seconds East 201.28 feet to an iron pin on the southwesterly right of way of Luxomni Road and the TRUE POINT OF BEGINNING. Tax Parcel #6-132-54 All that tract or parcel of land lying and being in Land Lot 132 of the 6th Land District of Gwinnett County, Georgia, containing 0.518 acres according to plat of survey prepared for Barbara F. Shelton by McNally, Patrick Cole, Inc., Registered Land Surveyors, dated February 24, 1981 and revised March 31, 1981, and being more particularly described as follows: TO FIND THE TRUE POINT OF BEGINNING, begin at a point on the southwesterly right of way of Luxmoni Road (60R/W), 1,173.15 feet southeasterly along the southwesterly right of way of Luxomni Road from the intersection of the southwesterly right of way of Luxomni Road with the centerline of U. S. Highway 29, thence South 61 degrees 25 minutes West, 10 feet to an iron pin and the TRUE POINT OF BEGINNING; thence South 26 degrees 42 minutes 21 seconds East along the southwesterly right of way of Luxomni Road (80 R/W), 115 feet to an iron pin;

Page 3744

thence South 62 degrees 51 minutes 27 seconds West 201.28 feet to an iron pin; thence North 26 degrees 13 minutes 52 seconds West 109.97 feet to an iron pin; thence North 61 degrees 25 minutes east 200.47 feet to an iron pin on the southwesterly right of way of Luxomni Road and the TRUE POINT OF BEGINNING. Tax Parcel #6-132-55 All that tract or parcel of land lying and being in Land Lot 132 of the 6th Land District of Gwinnett County, Georgia, containing 2.738 acres according to a plat of survey prepared for Thomas M. Kenerly and C. L. Kenerly by McNally, Patrick Cole, Inc., Registered Land Surveyors, dated March 31, 1981 and being more particularly described as follows: BEGINNING at a point on the westerly right of way of Luxomni Road (60 R/W) 503 feet southerly along the westerly right of way of the said Luxomni Road from the intersection of the westerly right of way of Luxomni Road with the center line of U.S. Highway 29; thence continuing along the westerly right of way of Luxomni Road South 14 degrees 46 minutes 52 seconds West 32.22 feet; thence continuing along the westerly right of way of the said Luxomni Road, southerly having an arc distance of 260.02 feet to an iron pin; thence north 24 degrees 44 minutes 34 seconds west 306.74 feet to an iron pin; thence north 68 degrees 01 minutes 54 seconds East 500.97 feet to an iron pin on the westerly right of way of the said Luxomni Road and the TRUE POINT OF BEGINNING. Tax Parcel #6-132-50 All that tract or parcel of land lying and being in Land Lot 132 of the 6th District, Gwinnett County, Georgia, being more particularly described as follows: BEGINNING at an iron pin on the westerly right of way of Luxomni Road (60 foot right of way) 794.93 feet South from its intersection with the center line of U.S. Highway No. 29; running thence in a southeasterly direction along the western right of way of Luxomni Road and following the curvature

Page 3745

thereof an arc distance of 80.0 feet to an iron pin; running thence South 61 degrees 24 minutes West a distance of 364.9 feet to an iron pin found; running thence North 24 degrees 41 minutes West a distance of 80.0 feet to an iron pin found; running thence North 61 degree 33 minutes East a distance of 372.8 feet to an iron pin found on the western right of way of Luxomni Road; said point being the point of beginning; said property containing 0.699 acres as per plat of survey for Complete Services, Inc. prepared by Solar Land Surveying Company, Gerald T. Batchelor, Georgia Registered Land Surveyor No. 2238, dated January 16, 1984. Tax Parcel #6-132-31 All that tract or parcel of land lying and being in Land Lot 132 of the 6th District, Gwinnett County, Georgia, being more particularly described as follows: TO FIND THE TRUE POINT OF BEGINNING, begin at an iron pin on the westerly right of way of Luxomni Road (60 foot right of way) 794.93 feet South from its intersection with the centerline of U. S. Highway No. 29; running thence in a southeasterly direction along the western right of way of Luxomni Road and following the curvature thereof an arc distance of 80.0 feet to an iron pin, said iron pin being the TRUE POINT OF BEGINNING; run thence in a southeasterly direction along the western right of way of Luxomni Road and following the curvature thereof an arc distance of 29.99 feet to an iron pin; thence continuing along the western right of way of Luxomni Road South 26 degrees 53 minutes East a distance of 90.01 feet to an iron pin found; running thence South 61 degrees 25 minutes West a distance of 368.6 feet to an iron pin found; running thence North 24 degrees 41 minutes West a distance of 120.0 feet to an iron pin found; running thence North 61 degrees 24 minutes East a distance of 364.9 feet to an iron pin on the westerly right of way of Luxomni Road, said iron pin being the TRUE POINT OF BEGINNING; said property containing 1.007 acres as per plat of survey for Complete Services, Inc., prepared by Solar Land Surveying Company, Gerald T. Batchelor, Georgia Registered Land Surveyor No. 2238, dated January 16, 1984.

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Tax Parcel #6-132-14 All that tract or parcel of land lying and being in Land Lot 132 of the 6th District, Gwinnett County, Georgia, containing 1.521 acres according to a plat of survey prepared for C. L. Kenerly by McNally, Patrick Cole, Inc. Registered Land Surveyors, dated March 31, 1981 and being more particularly described as follows: BEGINNING at an iron pin on the southwesterly right of way of Luxomni Road (60 R/W) 995.15 feet southeasterly along the southwesterly right of way of said Luxomni Road from the intersection of the southwesterly right of way of Luxomni Road with the centerline of U. S. Highway 29; thence South 27 degrees 25 minutes 40 seconds East along the Southwesterly right of way of Luxomni Road, 178.0 feet to an iron pin; thence South 61 degrees 25 minutes West 376.82 feet to an iron pin; thence North 24 degrees 46 minutes 53 seconds West 178.12 feet to a concrete monument; thence North 61 degrees 23 minutes 04 seconds East 368.60 feet to an iron pin on the southwesterly right of way of Luxomni Road and the TRUE POINT OF BEGINNING. Tax Parcel #6-132-1F All that tract or parcel of land lying and being in Land Lot 132 of the 6th District, Gwinnett County, Georgia, and being known and designated as Lot `1', Block `D', Unit One, Southeastern Estates, according to a plat of survey by Higginbotham James, Associates, dated February 18, 1964, as recorded in the plat records of Gwinnett County, Georgia. With said plat by reference being incorporated herein and made a part hereof and said property is more particularly described as follows: BEGINNING at a point located at the intersection of the northwesterly right of way of Jackson Place (based on a sixty foot right of way) with the northeasterly right of way of Arcadia Road (based on a sixty foot right of way); thence running in a northeasterly direction along the said right of way of Jackson Place a distance of 194.8 feet to a point and property line of Lot `9', Block `F', Unit Two, Southeastern Estates a distance of 130.7 feet to a point and the southeasterly

Page 3747

corner of Lot `2', Block `D', Unit One, Southeastern Estates; thence in a southwesterly direction along the dividing line of lots `1', and `2' of said Block Unit and Subdivision a distance of 197.1 feet to a point on the northeasterly right of way of Arcadia Road; thence in a southeasterly direction along the northeasterly right of way of Arcadia Road a distance of 135.5 feet to the point of beginning. Tax Parcel #6-132-1D All that tract or parcel of land lying and being in land Lot 132 and 150 of the 6th District, Gwinnett County, Georgia, being more particularly described as follows: To locate the POINT OF BEGINNING, begin at a point in the center line of Arcadia Road, which point is 1163.6 feet southeasterly, as measured along the center line of Arcadia Road and following the curvature thereof, from the point of intersection of the center line of Arcadia Road with the southeasterly right of way line of U.S. Highway 29; run thence North 58 degrees 34 minutes East 30 feet to an iron pin on the northeasterly right of way line of Arcadia Road, WHICH IS THE PLACE OR POINT OF BEGINNING; thence running North 58 degrees 34 minutes East 199.82 feet to an iron pin; thence running North 31 degrees 46 minutes West and forming an interior angle of 270 degrees 20 minutes with the preceding course 207.4 feet to an iron pin on the land lot line common to Land Lots 132 and 150; thence running North 58 degrees 55 minutes East along said land lot line and forming an interior angle of 89 degrees 19 minutes with the preceding course 358.11 feet to an iron pin on the southwesterly line of property now or formerly owned by Hettie G. Duncan; thence running South 26 degrees 03 minutes East and forming an interior angle of 84 degrees 58 minutes with the preceding course 336 feet to an iron pin; thence running South 50 degrees 49 minutes West and forming an interior angle of 95 degrees 08 minutes with the preceding course 326.70 feet to an iron pin; thence running South 30 degrees 45 minutes East and forming an interior angle of 269 degrees 34 minutes with the preceding course 72.40 feet to an iron pin; thence running South 58 degrees 36 minutes West and forming an interior angle of 90 degrees 39 minutes with the preceding course 197.10 feet to an iron pin

Page 3748

on the northeasterly right of way line of Arcadia Road; thence running North 31 degrees 33 minutes West along the northeasterly right of way line of Arcadia Road and forming an interior angle of 90 degrees 09 minutes with the preceding course 199.96 feet to an iron pin, which is the place or point of beginning. Tax Parcel #6-132-01A All that tract or parcel of land lying and being in land Lot 132 and 150 of the 6th District, Gwinnett County, Georgia, being more particularly described as follows: BEGINNING at an iron pin on the Northeasterly side of Arcadia Road (based on a 60 foot right of way) 959.5 feet Southeasterly as measured along the Northeasterly side of Arcadia Road, from the intersection of the Northeasterly side of Arcadia Road and the center line of U. S. Highway No. 29; thence North 58 degrees 36 minutes East 200 feet to an iron pin; thence South 31 degrees 46 minutes East 230.4 feet to an iron pin; thence South 58 degrees 36 minutes West, 200 feet to an iron pin on the Northeasterly side of Arcadia Road; thence Northwesterly along the Northeasterly side of Arcadia Road 230.4 feet to an iron pin and the point of beginning. The area described above is intended to include, and is hereby declared to include, all of the property included in the Tax Parcels set forth below, as those Tax Parcels are shown on the Tax Maps of Gwinnett County as of January 1, 1989, and all of the public roadways and right of ways adjacent to those parcels: 6-112-321 6-113-150 6-137-12 6-161-5A 6-112-320 6-113-155 6-137-13 6-161-14 6-112-133 6-113-157 6-137-7 6-161-6 6-112-309 6-113-159 6-137-186 6-161-7 6-112-310 6-113-161 6-137-6 6-161-102 6-112-143 6-113-15 6-137-163 6-161-103 6-112-144 6-113-3 6-137-3 6-161-2A 6-112-145 6-113-3A 6-137-4 6-161-13 6-112-146 6-113-26 6-137-2 6-160-105 6-112-147 6-113-27 6-137-179 6-160-106 6-112-106 6-113-4 6-137-1A 6-160-107 6-112-107 6-113-4A 6-137-1B 6-160-108 6-112-108 6-113-8 6-137-162 6-160-109 6-112-109 6-113-7 6-137-197 6-160-110 6-112-57 6-114-265 6-137-180 6-160-111 6-112-58 6-121-1 6-136-2A 6-160-112 6-112-16 6-121-4 6-145-5 6-160-113 6-111-077 6-121-9 6-145-281 6-160-114 6-111-83 6-121-8 6-145-272 6-160-115 6-111-84 6-121-2A 6-145-26 6-160-116 6-123-13 6-145-202 6-160-117 6-123-16 6-145-25 6-160-118 6-124-004 6-145-24 6-160-119 6-124-005A 6-113-41 6-145-23 6-160-120 6-124-13 6-145-22 6-160-121 6-124-165 6-124-55 6-145-21 6-160-122 6-124-138 6-145-20 6-160-123 6-124-9 6-149-77 6-145-20A 6-160-124 6-124-144 6-149-161 6-145-20B 6-160-125 6-124-17 6-145-19 6-160-126 6-124-139 6-120-319 6-145-15 6-160-127 6-124-53 6-137-194 6-145-15A 6-160-128 6-124-14 6-137-21 6-145-15B 6-160-129 6-124-16 6-137-206 6-145-15C 6-160-1 6-124-12A 6-137-189 6-145-16 6-160-6 6-124-12B 6-137-188 6-145-17 6-160-5 6-124-142 6-137-85 6-145-14 6-160-474 6-124-163 6-137-86 6-145-13 6-160-436 6-124-56 6-137-87 6-145-12 6-160A-1 6-124-159 6-137-88 6-145-11 6-160A-2 6-124-158 6-137-89 6-145-10 6-160A-3 6-124-157 6-137-90 6-145-9 6-160A-4 6-124-156 6-137-178 6-145-8 6-160A-5 6-124-161 6-137-91 6-146-13 6-160A-6 6-124-143 6-137-93 6-161-3 6-160A-7 6-124-12 6-137-8 6-161-4 6-160A-8 6-125-004 6-137-9 6-161-5 6-160A-9 6-113-14 6-137-10 6-161-18 6-160A-10 6-113-13 6-137-11 6-161-8 6-160A-11 6-160A-12 6-150-11A 6-132-9 6-160A-13 6-150-137 6-132-10 6-160A-14 6-150-155 6-132-4 6-160A-15 6-150-117 6-132-003 6-160A-16 6-150-124 6-132-03A 6-160A-17 6-150-144 6-132-11 6-160A-18 6-150-133 6-132-002 6-160A-19 6-150-149 6-132-119 6-160A-20 6-150-143 6-132-13 6-160A-21 6-150-223 6-132-1G 6-160A-22 6-150-125 6-132-1H 6-160A-23 6-150-211 6-132-23 6-160A-24 6-150-010 6-132-22 6-160A-25 6-150-11 6-132-21 6-160A-26 6-150-11C 6-132-20 6-160A-27 6-150-214 6-132-24 6-160A-28 6-150-002 6-132-25 6-160A-29 6-150-02A 6-132-26 6-160A-30 6-150-02D 6-132-19 6-159-114 6-150-02C 6-132-54 6-159-57 6-150-003 6-132-55 6-159-53 6-150-5 6-132-50 6-159-44 6-150-05A 6-132-31 6-159-45 6-150-135 6-132-14 6-159-26 6-150-136 6-132-1F 6-159-27 6-150-004 6-132-1D 6-159-35 6-150-05B 6-132-01A 6-159-36 6-150-01B 6-159-366 6-150-6 6-159-365 6-150-154 6-159-364 6-150-09 6-159-67 6-150-008 6-159-96 6-150-07A 6-159-98 6-133-171 6-159-99 6-133-12C 6-158-75 6-133-12B 6-158-74 6-133-11B 6-158-73 6-133-11 6-158-72 6-133-52 6-149-181 6-133-11C 6-149-182 6-133-11D 6-149-7 6-133-11A 6-149-84 6-133-9 6-149-008 6-133-64 6-149-3 6-133-8 6-149-163 6-133-16 6-149-165 6-133-157 6-149-2 6-133-156 6-149-001 6-133-155 6-149-160 6-133-168 6-149-75 6-133-169 6-149-4 6-133-6 6-149-76 6-132-5 6-150-13A 6-132-6 6-150-134 6-132-40

Page 3751

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 1989 Session of the General Assembly of Georgia, a bill to amend an act creating a Charter for the City of Lilburn, approved March 18, 1988 (Ga. L. 1988, Page 3164), as amended, to change the corporate boundaries of said city; to repeal conflicting laws; and for other purposes. This 12th day of December, 1988. MAYOR AND COUNCIL CITY OF LILBURN, GEORGIA 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: December 16, 1988.

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/s/ Charles E. Bannister Representative, 62nd District Sworn to and subscribed before me, this 23rd day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 14, 1989. COBB COUNTY STATE COURT; SECOND DIVISION; JUDGES; COMPENSATION. No. 42 (Senate Bill No. 390). 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 14, 1984 (Ga. L. 1984, p. 4256) and an Act approved March 24, 1988 (Ga. L. 1988, p. 4449), so as to change the compensation of the judges of the second division of the State Court of Cobb County; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved March 14, 1984 (Ga. L. 1984, p. 4256) and an Act approved March 24, 1988 (Ga. L. 1988, p. 4449), is

Page 3753

amended by striking in its entirety subsection (a) of Section 2-3 and inserting in lieu thereof a new subsection (a) to read as follows: (a) Each associate judge shall receive an annual salary of $57,000.00 to be paid in equal monthly installments from the funds of Cobb County. The associate judges are designated as full-time judges and may not engage in 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 1989 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 2nd day of Jan., 1989.

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/s/ Fred Aiken CHUCK CLAY ROY BARNES HUGHRAGAN SALLIE NEWBILL SENATORS JACK VAUGHN HERMAN CLARK STEVE THOMPSON EARL ERHART GRESHAM HOWREN FRED AIKEN JOHNNY ISAKSON JOHNNY GRESHAM TOM WILDER BILL ATKINS REPRESENTATIVES GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles C. Clay, 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 6, 1989. /s/ Charles C. Clay Senator, 37th District Sworn to and subscribed before me, this 24th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989. Approved March 15, 1989.

Page 3755

RICHMOND COUNTY AUGUSTA-RICHMOND COUNTY COMMISSION-COUNCIL; CHAIRMAN-MAYOR; DISTRICTS; ELECTIONS; VETO; CHAIRMAN-MAYOR PRO TEMPORE; QUORUM. No. 43 (House Bill No. 1075). AN ACT To amend an Act providing that the governing authority of Richmond County shall be a board of commissioners consisting of a chairman and nine other members and designating the board as the Augusta-Richmond County Commission-Council and the members of the board of commissioners as commissioners-councilpersons, approved March 15, 1988 (Ga. L. 1988, p. 3971), so as to change the title of the chairman to chairman-mayor; to increase the board of commissioners to 16 members; to change Commission-Council Districts 6 and 9; to add and describe six new commission-council districts; to provide for the election of the additional members of the commission-council in nonpartisan elections by a plurality vote; to provide that the chairman-mayor shall not be a voting member of the commission-council; to provide that the chairman-mayor shall not be eligible to seek reelection after serving two consecutive four-year terms; to provide that the chairman-mayor shall not have the power to veto any actions of the commission-council; to provide that the commission-council shall elect a chairman-mayor pro tempore at its first organizational meeting in even-numbered years; to provide for the powers and duties of the chairman-mayor pro tempore; to provide that the chairman-mayor pro tempore shall be a full voting member of the commission-council; to provide for additional compensation for the chairman-mayor pro tempore; to provide that the chairman-mayor pro tempore shall be limited to serving two consecutive two-year terms; to change the quorum; to provide for 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 providing that the governing authority of Richmond County shall be a board of commissioners consisting of a chairman and nine other members and designating the board as the Augusta-Richmond County Commission-Council and the members of the board of commissioners as commissioners-councilpersons, approved March 15, 1988 (Ga. L. 1988, p. 3971), 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 governing authority of Richmond County shall be a board of commissioners of said county consisting of 16 members. Said board is designated as the Augusta-Richmond County Commission-Council hereinafter referred to as the `commission-council.' The chief executive officer of said board is designated and hereinafter referred to as the `chairman-mayor' and the other 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 law, 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. Said Act is further amended by striking subsections (a) and (b) of Section 2 in their entirety and substituting in lieu thereof new subsections (a) and (b) to read as follows: (a) (1) For the purpose of electing members of the commission-council, Richmond County is divided into 16 commission-council districts as follows:

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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. Commission-Council District 6 - That portion of Richmond County lying within House District 86 and also Blocks 721 through 725 and Blocks 801 through 810 of Census Tract 105.09 presently lying and being in House District 89. 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 excluding Blocks 721 through 725 and Blocks 801 through 810 of Census Tract 105.09. Commission-Council District 10 - That portion of Richmond County lying within House District 90. Commission-Council District 11 - That portion of Richmond County lying within House District 85. Commission-Council District 12 - That portion of Richmond County lying within House District 86 and also Blocks 721 through 725 and Blocks 801 through 810 of Census Tract 105.09 presently lying and being in House District 89.

Page 3758

Commission-Council District 13 - That portion of Richmond County lying within House District 87. Commission-Council District 14 - That portion of Richmond County lying within House District 88. Commission-Council District 15 - That portion of Richmond County lying within House District 89 excluding Blocks 721 through 725 and Blocks 801 through 810 of Census Tract 105.09. Commission-Council District 16 - That portion of Richmond County lying within House District 90. (2) For the purposes of this subsection, the terms `Census Tract' 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. (3) Commission-Council Districts 6 and 9 as described in this subsection shall only be applicable to the special election held and conducted in the calendar year 1989 and the general primary and general election held and conducted in the calendar year 1990. Thereafter, Commission-Council Districts 6 and 9 shall be coterminous with that portion of Richmond County lying and being within House Districts 86 and 89, respectively, as such House districts are composed and described in Code Section 28-2-1 of the O.C.G.A. (4) Commission-Council Districts 12 and 15 as described in this subsection shall only be applicable to the special election held and conducted in the calendar year 1989 and the general election held and conducted in the calendar year 1990. Thereafter, Commission-Council Districts 12 and 15 shall be coterminous with that portion of Richmond County lying and being within House Districts 86 and 89, respectively, as such House districts are composed and described in Code Section 28-2-1 of the O.C.G.A. (b) All members of the commission-council except the chairman-mayor shall be full voting members of the commission-council.

Page 3759

Section 3. Said Act is further amended by striking Section 3 in its entirety and substituting in lieu thereof a new Section 3 to read as follows: Section 3. (a) It shall be the duty of the election superintendent of Richmond County to call and conduct a special election in Richmond County on Tuesday following the first Monday in November, 1989, for the purpose of electing the 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. Except as otherwise provided in this section, the special election shall be conducted in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the `Georgia Election Code.' (1) The commissioners-councilpersons elected to represent Commission-Council Districts 2, 3, and 4 shall be elected at such special election and they shall take office on the first day of January, 1990, for initial terms of office of three years each and until their successors are elected and qualified. (2) The commissioners-councilpersons elected to represent Commission-Council Districts 11 through 16 shall be elected in accordance with the provisions of Chapter 3 of Title 21 of the O.C.G.A., known as the `Georgia Municipal Election Code,' by a plurality vote at such special election and they shall take office on the first day of January, 1990, for an initial term of office of one year 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.

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(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 they 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. (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 they 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. (5) Successors to the members of the commission-council representing Commission-Council Districts 11 through 16 shall be elected in accordance with the provisions of Chapter 3 of Title 21 of the O.C.G.A, known as the `Georgia Municipal Election Code,' as now or hereafter amended, by a plurality vote in a nonpartisan election which shall be held and conducted jointly with the general election in November, 1990, and quadrennially thereafter, and they 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-mayor and other members of the commission-council shall be elected at the general election immediately preceding the expiration of their terms of office and they shall take office on the first day of January immediately following their election for terms of four years each and until their successors are elected and qualified. (e) Successors to the chairman-mayor and each member of the commission-council representing Commission-Council Districts 2 through 10 shall be nominated and elected by a majority of the voters voting within each respective commission-council district in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the `Georgia Election Code,' as now or hereafter amended. (f) Successors to each member of the commission-council representing Commission-Council Districts 11 through 16 shall

Page 3761

be elected by a plurality of the voters voting in a nonpartisan election within each respective commission-council district in accordance with the provisions of Chapter 3 of Title 21 of the O.C.G.A., known as the `Georgia Municipal Election Code,' as now or hereafter amended. Section 4. Said Act is further amended by striking Section 5 in its entirety and substituting in lieu thereof a new Section 5 to read as follows: Section 5. (a) (1) The chairman-mayor 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-mayor shall possess and exercise the following executive and administrative powers and duties: (A) To preside at all meetings of the commission-council; (B) To serve as the official head of Richmond County and the City of Augusta for the service of process and for ceremonial purposes; (C) To administer oaths and to take affidavits; (D) 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; (E) To ensure that all laws, ordinances, and resolutions of Richmond County and the City of Augusta are faithfully executed; (F) To exercise such other powers and perform such other duties as may be required by ordinance or resolution of the commission-council; and (G) The chairman-mayor shall be considered full time and he or she shall receive an annual salary of $45,000.00. Future changes in the salary and expenses

Page 3762

of the chairman-mayor shall be effected in accordance with the provisions of Code Section 36-35-4 of the O.C.G.A. (2) The chairman-mayor shall not be eligible to seek reelection to the office of chairman-mayor after serving two consecutive four-year terms until the expiration of four years following the completion of the second four-year term of office. (3) The chairman-mayor shall not be empowered to veto ordinances, resolutions, or other actions of the commission-council. (b) The members of the commission-council shall elect a chairman-mayor pro tempore at their first regular meeting in January of each even-numbered year. The chairman-mayor pro tempore shall preside at commission-council meetings in the absence of the chairman-mayor and perform such other duties as may be entrusted to the office of the chairman-mayor pro tempore by action of the commission-council. The chairman-mayor pro tempore shall receive additional compensation as may be fixed by the commission-council. The chairman-mayor pro tempore shall be limited to serving two consecutive two-year terms. The chairman-mayor pro tempore shall continue to be a full voting member of the commission-council when serving in the capacity of chairman-mayor pro tempore. Section 5. Said Act is further amended by striking Section 7 in its entirety and substituting in lieu thereof a new Section 7 to read as follows: Section 7. Ten members of the commission-council shall constitute a quorum for the transaction of ordinary business, but the affirmative vote of at least eight 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 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 hereby given that there will be introduced at the regular 1989 Session of the General Assembly of Georgia a bill to amend an Act providing for Board of Commissioners as Augusta-Richmond County Commission-Council for both City and County, approved March 15, 1968 (Ga. L. 1968, p. 3971); so as to provide for the members of the Commission-Council; for the election of the Chairman of the Commission-Council and the duties and powers of the Chairman; for Commission-Council Districts; the method of election of the Chairman and other members of the Commission-Council within each respective Commission-Council District; for terms of office; for the selection of a Chairman/Mayor Pro Tem; the term of office and powers and duties of the Chairman/Mayor Pro Tem; to repeal conflicting laws; and for other purposes. This 10th day of February, 1989. CHARLES W. WALKER Representative, 85th District 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: February 15, 1989. /s/ Charles W. Walker Representative, 85th District

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Sworn to and subscribed before me, this 6th day of March, 1989. /s/ Lounell R. Jones Notary Public, Rockdale County, Georgia My Commission Expires March 18, 1990 (SEAL) Approved March 15, 1989. BARROW COUNTY AIRPORT AUTHORITY MEMBERS; CHAIRMAN; TERMS; VACANCIES; QUORUM. No. 44 (House Bill No. 824). AN ACT To amend an Act creating and establishing a joint airport authority for the City of Winder and the County of Barrow, approved March 25, 1958 (Ga. L. 1958, p. 3087), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5519), so as to change the number and method of selecting members; to provide for selection of a chairman; to provide for terms, vacancies, and a quorum; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating and establishing a joint airport authority for the City of Winder and the County of Barrow, approved March 25, 1958 (Ga. L. 1958, p. 3087), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5519), 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:

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Section 2. (a) The airport authority shall be composed of seven members all of whom shall be elected by a majority vote of the Board of Commissioners of Barrow County. Each member of the board of commissioners shall nominate a person residing in the district from which such commissioner is elected to be a member of the airport authority, provided that the nominee of the chairman of the board of commissioners may reside anywhere in the county. A quorum shall consist of four members in addition to the chairman. (b) The members of the authority in office on the effective date of this Act shall continue to serve until the expiration of the terms for which they were elected, and their successors shall take office April 1 following the expiration of such terms and their terms shall expire January 31, 1991. Each such member in office on the effective date of this Act shall be deemed to be the representative from the commission district in which such member resides, provided that if two such members reside in the same district, one of such members shall be deemed to be from the at-large position. (c) The terms of the members created by this Act shall be for two years and shall begin immediately following the effective date of this Act immediately upon their nomination and election as provided in subsection (a) of this section. Any vacancies in office existing prior to this Act shall be filled by nomination and election as provided in subsection (a) of this Act, provided that such member's term of office shall expire January 31 in an odd-numbered year. (d) Successors to all members shall be nominated and elected as provided in subsection (a) of this section in the month of January immediately preceding the expiration of a member's term of office in odd-numbered years beginning in 1991 and shall serve for terms of two years and until their successors are elected and qualified. Section 2. Said Act is further amended by striking subsection (a) of Section 3 and inserting in lieu thereof a new subsection (a) to read as follows: (a) The authority so constituted shall elect its own chairman annually from the membership of the authority.

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Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming 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 1989 session of the General Assembly of Georgia a bill to amend an Act creating and establishing a joint airport authority for the City of Winder and the County of Barrow, approved March 25, 1958 (Ga. L. 1958), as amended; to change certain provisions relating to the membership of such authority; and for other purposes. This 30 day of January, 1989. LAW OFFICES OF WILLIAM D. HEALAN, JR. BY: -s- William 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: February 1, 1989. /s/ John O. Mobley, Jr. Representative, 64th District

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Sworn to and subscribed before me, this 9th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 16, 1989. BALDWIN COUNTY SHERIFF; COMPENSATION. No. 45 (Senate Bill No. 4). AN ACT To amend an Act placing the sheriff of Baldwin County on an annual salary, approved March 1, 1966 (Ga. L. 1966, p. 2981), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 3249), so as to change the provisions relating to the compensation of the sheriff; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act placing the sheriff of Baldwin County on an annual salary, approved March 1, 1966 (Ga. L. 1966, p. 2981), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 3249), 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 sheriff of Baldwin County shall receive an annual salary of $39,500.00, payable in equal monthly installments from the funds of Baldwin County.

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Section 2. This Act shall become effective July 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 1989 session of the General Assembly of Georgia a bill to amend an Act placing the sheriff of Baldwin County upon an annual salary, approved March 1, 1966 (Ga. L. 1967, p. 2981), as amended; and for other purposes. This 23 day of December, 1988. Honorable Culver Kidd Senator, 25th District 12/30/88 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 to introduce local legislation - Sheriff of Baldwin County was inserted in space of legal advertisement as follows: Dec. 30, 1988

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/s/ Roger W. Coover Roger W. Coover, Publisher Subscribed and sworn before me this 31st day of December, 1988. /s/ Nancy D. Veal Notary Public. My Commission expires: 8-10-90 Approved March 21, 1989. BALDWIN COUNTY PROBATE COURT; JUDGE; COMPENSATION; FEES; PERSONNEL; BUDGET. No. 46 (Senate Bill No. 11). AN ACT To amend an Act placing the judge of the Probate Court of Baldwin County upon an annual salary, approved January 27, 1967 (Ga. L. 1967, p. 2006), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4088), so as to change the provisions relating to the compensation of the judge of the probate court; to provide for the compensation of certain successors to such office; to change the provisions relating to the collection of fees and payment of same to the governing authority of Baldwin County; to change the provisions relating to clerical assistance; to provide for compensation of clerical assistance; to change the provisions relating to the annual budget of the office of the probate judge; to change the provisions relating to the obligation of the governing authority of Baldwin County to furnish supplies, equipment, and materials to the office of

Page 3770

the probate judge; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act placing the judge of the Probate Court of Baldwin County upon an annual salary, approved January 27, 1967 (Ga. L. 1967, p. 2006), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4088), 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) After the effective date of this Act, the present method of compensating the judge of the Probate Court of Baldwin County, known as the fee system, is abolished; and, in lieu thereof, the judge of the probate court shall receive an annual salary as provided in this section. The annual salary provided for in this section shall be in lieu of all fees, costs, fines, forfeitures, commissions, emoluments, and perquisites heretofore allowed as compensation to the judge of the probate court. Except as otherwise provided in subsection (b) of this section, the judge of the probate court shall receive an annual salary of $39,500.00, payable in equal monthly installments from the funds of Baldwin County. (b) Whenever the person who is serving in the office of judge of the Probate Court of Baldwin County on January 1, 1989, ceases to hold such office, such person's successor and successors thereafter shall receive a salary as provided in Code Section 15-9-63, subject to the provisions of Code Sections 15-9-64 and 15-9-65. 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. All fees, costs, fines, forfeitures, commissions, emoluments, and perquisites of whatever nature provided by law for services rendered by the probate judge shall be charged and collected by said officer and shall be held by him as county funds. The probate judge shall diligently and faithfully undertake to collect all such fees, costs, fines, forfeitures, commissions, emoluments,

Page 3771

and perquisites formerly allowed him as compensation for services rendered by him and shall receive and hold the same in trust for Baldwin County as public monies and shall pay the same to the governing authority of Baldwin County on or before the fifteenth day of the month next following the month in which they were collected or received. The probate judge shall keep books relating to fees charged, collected, and paid to the governing authority as required and all such records shall be open to the inspection of the governing authority of Baldwin County and its auditors at all times during the hours for which the probate judge's office is open for business. 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. The probate judge of said county shall have the authority to employ clerks for the probate court as he shall deem necessary to effectively and efficiently discharge the duties of his office, the annual compensation paid from the funds of the county for such clerks. It shall be within the sole power and authority of the probate judge during his term of office to designate and name the persons who shall be employed as such clerks and to prescribe their duties and assignments and to remove and replace them at will and within his sole discretion. The annual salaries for said clerks shall be approved by the governing authority of the county. Section 4. Said Act is further amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows: Section 4. The probate judge shall annually submit a budget relative to the operation of his office to the governing authority of Baldwin County at such time and in such form as required by the governing authority. In the absence of objections to said budget by the governing authority of Baldwin County within 30 days after the submission of same, the budget submitted shall become an obligation of Baldwin County. In the event the governing authority of Baldwin County objects or disagrees with said budget, it shall notify the probate judge of its objections to said budget. Said notice shall be in

Page 3772

writing and personally delivered to the probate judge. Said notice shall set a date for the probate judge to appear before the governing authority of Baldwin County. At said date the governing authority of Baldwin County shall afford the probate judge an opportunity to submit evidence relating to his submitted budget. The final budget prepared and adopted shall be an obligation of Baldwin County. Section 5. 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. It shall be the obligation of the governing authority of the county to furnish all supplies, equipment, utilities, material, forms, or any other items needed to effectively and efficiently discharge all duties and obligations presently carried on in the office of the probate judge or any additional duties that may be conferred on said office. Section 6. The provisions of this Act shall become effective July 1, 1989. 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 1989 session of the General Assembly of Georgia a bill to amend an Act placing the judge of the Probate Court of Baldwin County upon an annual salary, approved January 27, 1967 (Ga. L. 1967, p. 2006), as amended; and for other purposes. This 23 day of December, 1988. Honorable Culver Kidd Senator, 25th District 12/30/88

Page 3773

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 to introduce local legislation - Judge of Probate Court Baldwin County was inserted in space of legal advertisement as follows: Dec 30, 1988 /s/ Roger W. Coover Roger W. Coover, Publisher Subscribed and sworn before me this 31st day of December, 1988. /s/ Nancy D. Veal Notary Public. My commission expires: 8-10-90 Approved March 21, 1989.

Page 3774

BALDWIN COUNTY TAX COMMISSIONER; COMPENSATION. No. 47 (Senate Bill No. 12). AN ACT To amend an Act consolidating the offices of tax receiver and tax collector of Baldwin County into the office of tax commissioner of Baldwin County, approved March 21, 1975 (Ga. L. 1975, p. 2774), as amended, so as to change the provisions relating to the compensation of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act consolidating the offices of tax receiver and tax collector of Baldwin County into the office of tax commissioner of Baldwin County, approved March 21, 1975 (Ga. L. 1975, p. 2774), as amended, is amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows: Section 5. The tax commissioner of Baldwin County shall receive an annual salary of $39,500.00, payable in equal monthly installments from the funds of Baldwin County. Section 2. This Act shall become effective July 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 1989 session of the General Assembly of Georgia a bill to amend an Act consolidating the offices of tax receiver and tax collector of Baldwin County into the office of tax commissioner of Baldwin County, approved March 21, 1975 (Ga. L. 1975, p. 2774), as amended; and for other purposes.

Page 3775

This 23 day of December, 1988. Honorable Culver Kidd Senator, 25th District 12/30/88 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 to introduce local legislation - Tax Commissioner was inserted in space of legal advertisement as follows: Dec. 30, 1988 /s/ Roger W. Coover Roger W. Coover, Publisher Subscribed and sworn before me this 31st day of December, 1988. /s/ Nancy D. Veal Notary Public. My commission expires: 8-10-90 Approved March 21, 1989.

Page 3776

BALDWIN COUNTY CORONER; ANNUAL SALARY IN LIEU OF FEES; BUDGET. No. 48 (Senate Bill No. 161). AN ACT To place the coroner of Baldwin County on an annual salary; to provide for the payment of such salary; to provide that fees, costs, commissions, allowances, moneys, and other emoluments and perquisites shall become the property of the county; to provide for the payment of such fees and allowances to the county; to require the coroner to submit a budget to the governing authority of Baldwin County; to provide for the adoption of such budget; 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 coroner of Baldwin 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 $13,500.00 per annum to be paid in equal monthly installments from the funds of Baldwin 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 Baldwin 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. (b) The coroner shall also be eligible for insurance coverage subject to the approval of the governing authority of Baldwin County. Section 2. The coroner shall annually submit a budget relative to equipment, supplies, and materials necessary for the operation of his office to the governing authority of Baldwin County at such time and in such form as required by the governing authority. In the absence of objections to said budget by the governing authority of Baldwin County within 30 days after the submission of same, the budget submitted shall become an obligation of Baldwin County. In the event the governing authority of Baldwin County objects or

Page 3777

disagrees with said budget, it shall notify the coroner of its objections to said budget. Said notice shall be in writing and personally delivered to the coroner. Said notice shall set a date for the coroner to appear before the governing authority of Baldwin County. At said date the governing authority of Baldwin County shall afford the coroner an opportunity to submit evidence relating to his submitted budget. The final budget prepared and adopted shall be an obligation of Baldwin County. Section 3. The provisions of this Act shall become effective July 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 1989 session of the General Assembly of Georgia a bill to place the coroner of Baldwin County on salary in lieu of the fee system; and for other purposes. This 3rd day of January, 1989. Honorable Culver Kidd Senator, 25th District 1/13/89 AFFIDAVIT OF PUBLICATION

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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: Local Legislation - Coroner was inserted in space of legal advertisement as follows: Jan 13, 1989 /s/ Roger W. Coover Publisher Subscribed and sworn before me this 16th day of January, 1989. /s/ Nancy D. Veal Notary Public My commission expires: 8-10-90 Approved March 21, 1989. CITY OF IDEAL NEW CHARTER. No. 49 (Senate Bill No. 168). AN ACT To provide a new charter for the City of Ideal; to provide for incorporation, boundaries, and powers of the city; to provide for a

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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, 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 provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I CHARTER, DEFINITIONS, CITY LIMITS, AND CORPORATE POWERS Section 1.01. This Act is a charter. This Act shall constitute the whole charter of the City of Ideal, repealing and replacing the charter provided by an Act approved August 22, 1907 (Ga. L. 1907, p. 730), as amended. The City of Ideal, in the County of Macon, State of Georgia, and the inhabitants thereof, are constituted and declared to be a body politic and corporate by the name and style of City of Ideal, Georgia, and by that name shall have perpetual successions, may bring and defend actions, may 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. City limits. The corporate limits of said city shall be as follows:

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Starting at a certain iron pin in the center of the intersection of Tom Watson Avenue with Commerce Street and running thence due east about 2640 feet to the point where said line running east intersects with Whitewater Creek, said point of intersection with Whitewater Creek being the point of beginning hereof; run thence due south for a distance of 4030 feet; run thence due west for a distance of 3224 feet to Dominey Branch; run thence in a northwesterly direction along the run Dominey Branch about 3665 feet to a certain fence which divides the property of Felker and Lightner on the west from the property of Poole on the east; run thence in a southerly direction along the said property line for a distance of about 3601 feet to Sand Creek; run thence in a northeasterly direction along the run of Sand Creek to Cedar Creek; run thence along the run of Cedar Creek in an easterly direction to Whitewater Creek; run thence along the run of Whitewater Creek in a southeasterly direction to the said point of beginning. Section 1.03. Corporate powers. The corporate powers of the city, to be exercised by the city council, shall include the following: (1) To levy and to provide for the assessment and collection of taxes on all property subject to taxation; (2) To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions and to provide for the manner and method of payment of such licenses and taxes; (3) To levy and to provide for the collection of registration fees on automobiles and trucks owned by residents of the city and also on automobiles and trucks owned by nonresidents and operated within the city with any regularity. Such registration fees on trucks and automobiles may be graduated according to their tonnage capacities, weight, or horsepower; (4) To appropriate and borrow money to provide for payment of the debts and expenses of the city; 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; and to authorize the expenditure of

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money for any municipal purpose or matter of national or state interest; (5) To acquire, dispose of, buy, sell, and hold, in trust or otherwise, any real, personal, or mixed property inside or outside the city; (6) To condemn property inside or outside the city for present or future use and for any corporate purpose deemed necessary by the city council under Article IX, Section II, Paragraph V of the Constitution of the State of Georgia or other general state law as are in effect or may be enacted; (7) To acquire, lease, construct, operate, maintain, distribute, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, cable television systems, 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 the refusal or failure to pay same and the manner in which remedies shall be enforced. For water and gas furnished and for all sewerage and sanitary services rendered, said city 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; (8) To grant franchises or make contracts for public utilities and public services, not to exceed a period of 20 years. The 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; (9) To regulate the rates and services of public utilities insofar as not to conflict with such regulation by the Georgia Public Service Commission or other similar state or federal agency having jurisdiction in such matters; (10) To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks, public grounds, cemeteries, markets and market houses,

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public buildings, libraries, sewers, drains, sewage treatment facilities, airports, hospitals, and charitable, educational, recreational, conservational, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements inside or outside the city and to regulate the use thereof; and, for such purposes, property may be acquired by condemnation under Article IX, Section II, Paragraph V of the Constitution of the State of Georgia or other general state law; (11) To require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure so to do; (12) To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (13) To provide for the collection and disposal of garbage, rubbish, and refuse; to provide for the separate collection of glass, tin, aluminum, cardboard, and paper; and to provide for the sale of such items. Charges may be imposed to cover the costs of such services which, if unpaid, shall constitute a lien against any property of persons served, which lien shall be second in priority only to liens for county and city property taxes and shall be enforceable in the same manner and under the same remedies as a lien for city property taxes; (14) To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant or plants and a 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 sewers; and to provide for the manner and method of collecting such service charges and for enforcing payment of same; (15) To charge, impose, and collect a sewer connection fee or fees and to change the same from time to time, such fees to be levied on the users connecting with the sewerage system;

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(16) To define, regulate, and prohibit any act, practice, conduct, or use of property that is detrimental or likely to be detrimental to the health, morals, safety, security, peace, convenience, or general welfare of inhabitants of the city and to provide for the enforcement of such standards; (17) To define a nuisance in the city and to provide for its abatement. The municipal court of the city shall have jurisdiction over all nuisance abatement proceedings in the city. The city shall 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 shall provide for its abatement at the owner's expense; shall provide for penalties for failure or refusal to abate same within a period of not less than ten days after written notice from the city to do so; and shall provide for the destruction and removal of any building or other structure which may or might become dangerous or detrimental to the public; (18) 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, and safety of inhabitants of the city and to provide for the enforcement of such standards; (19) To regulate and license weights and measures; (20) To provide that persons given jail sentences in the municipal court shall work out such sentences on the streets, in any public works of the city, or in a city work camp established for this purpose, as provided by ordinance; or the council may provide for the commitment of city prisoners to the county work camp or jail by agreement with the appropriate county officers; (21) To regulate and license or prohibit the keeping or running at large of animals and fowl; to provide for the impoundment of same when in violation of any ordinance or lawful order, and for their disposition by sale, gift, or humane killing when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted pursuant to this Act;

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(22) To order any railroad operating within the city to construct viaducts or underpasses to eliminate grade crossings or to pave and maintain grade crossings in a smooth and safe condition. The city shall pay the costs of constructing approaches to the railroad's right of way line. Each day's failure of the railroad to comply with such an order after a reasonable time has elapsed shall be a misdemeanor and a separate offense, and shall be punished by a fine not to exceed $500.00 for each offense. If the railroad refuses to do such work, the city may have the work done and may collect the cost thereof from the railroad by use of all legal and equitable remedies available under the law; (23) To regulate and license vehicles operated for hire in the city, to limit the number of such vehicles, to require the operators thereof to be licensed, to require public liability insurance of such vehicles in amounts prescribed by ordinance, and to regulate and rent parking spaces in public ways for the use of such vehicles; (24) To levy and to provide for the collection of special assessments for public improvements; (25) To provide that the violation of any ordinance, rule, regulation, or order shall be punishable as provided pursuant to the provisions of this Act; (26) To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, morals, and general welfare of the city and its inhabitants, and all implied powers necessary to carry into execution all powers granted in this Act as fully and completely as if such powers were fully enumerated in this Act. No enumeration of particular powers in this Act shall be held to be exclusive of others nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to cities under the Constitution or other general state law; (27) To accept 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

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such terms and conditions as the donor or grantor may impose; (28) To lay out, open, widen, extend, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, and prevent erosions of roads, alleys, and walkways within the corporate limits of the city without notification; (29) To grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; (30) To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all structures or obstructions upon or adjacent to the rights of way of streets and roads or within immediate view thereof, within or abutting the corporate limits of the city, and to prescribe penalties and punishment for violation of such ordinances; (31) To regulate the emission of smoke, gas, fumes, exhausts, and other materials 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; (32) 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 punishments for violations thereof; (33) 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 punishments for violations thereof; (34) To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city;

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(35) To provide and maintain a system of pensions and retirement for officers and employees of the city; (36) To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations, providing for services to be furnished and payments to be made therefor; (37) 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; (38) To make, ordain, and establish such bylaws, ordinances, rules, and regulations as shall be deemed 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; (39) To provide penalties for violations of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia; (40) 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, 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; (41) 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 general state law; (42) 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 Ideal;

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(43) To establish qualifying fees for candidates for the office of mayor and councilmembers. Said qualifying fees shall be reasonable and shall not exceed 3 percent of the annual compensation of the office for which the fees are set. The fees shall be set by appropriate ordinances or resolutions; and (44) To perform such other duties and functions and enjoy such other powers as may be authorized to municipal corporations by the Constitution or the applicable laws of the State of Georgia. Section 1.04. Ordinances. All ordinances, bylaws, rules, and regulations now in force in said city, not inconsistent with this Act, are declared valid and of full force and effect until amended or repealed by the mayor and council of the city. ARTICLE II CITY COUNCIL Section 2.01. Election of mayor and councilmembers. On the first Thursday in December, 1990, there shall be an election of a mayor and two councilmembers who shall hold office until December 31, 1993, as provided in Code Section 21-3-64 of the O.C.G.A. On the first Thursday in December, 1991, there shall be an election of the remaining three councilmembers who shall hold office until December 31, 1995, as provided in Code Section 21-3-60 of the O.C.G.A. Beginning in 1993, the general municipal elections shall be held on the Tuesday next following the first Monday in November and 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. The mayor and council shall have the power to provide the exact manner in which and place where said elections shall take place and to require the preservation of good order and prevent disturbance or interference with the free right to vote in accordance with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code. The mayor shall appoint such personnel as may be required to manage all elections and such clerks as deemed necessary. Each shall be a resident and registered voter of the City of Ideal. Each manager, before entering on his duties, shall take the following oath before a judge or an officer of the state:

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I do solemnly swear that I will faithfully and impartially conduct the election for which I am appointed manager, and prevent all illegal voting, to the best of my ability and power, so help me God. The mayor shall provide at the city's expense all necessary material for the use of managers in elections. The mayor and council may prescribe by ordinance how votes may be challenged, how the returns of all elections shall be made and the result declared, how contests of any election shall be conducted, and may prescribe all rules and regulations for the proper conduct of all elections in said city. Section 2.02. City council. The mayor and five councilmembers shall compose the city council, in which is vested all corporate, legislative, and other powers of the city, except as otherwise provided in this Act. The council shall be the final judge of the election and qualifications of its members, qualifying fees, if any, and also of the amount and manner of compensating them for their services. The council shall hold regular public meetings at a stated time and place as provided by ordinance. The council shall meet in special session on written call of the mayor or any three councilmembers and served on the other members personally or left at their residences at least 24 hours in advance of the meeting. Notice of any special meeting may be waived in writing before or after the meeting, but such notice of a special meeting shall not be required if the mayor and all councilmembers are present when the special meeting is called. Only the business stated in the written call may be transacted at a special meeting, except by unanimous consent of all members of the council. The council shall exercise its powers only in public meetings. A majority of the council shall constitute a quorum. The council may adopt by ordinance rules and bylaws to govern the conduct of its business, including procedures and penalties for compelling the attendance of absent members. The council may subpoena and examine witnesses, may order the production of books and papers, and shall have the same powers as the Superior Court of Macon County, or comparable county courts, to punish for refusal to obey such an order or subpoena or for disorderly or contemptuous behavior in the presence of the council. All meetings shall comply with Chapter 14 of Title 50 of the O.C.G.A., that provides for open meetings.

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Section 2.03. Mayor as presiding officer. The mayor shall preside at meetings of the council; shall have a vote only in case of a tie, but no veto power; shall be the ceremonial head of the city; shall sign ordinances and resolutions on their final passage; shall sign deeds, bonds, and contracts when authorized by the council to do so; shall be the officer to accept process against the city; and shall perform other duties imposed by this Act and ordinances not inconsistent with this Act. Section 2.04. Mayor pro tempore. The council, at the first regular meeting after the newly elected councilmembers have taken office following each biennial election, shall elect from its membership a mayor pro tempore who shall serve for a term of two years. In the event that no decision is reached at such first regular meeting, the council shall elect the vice-mayor within five ballots to be taken within ten days following such meeting, otherwise the councilmember who received the highest number of votes when he was last elected shall become vice-mayor. The vice-mayor shall perform the duties of the mayor during his absence or inability to act and shall fill any unexpired term in the office of mayor, in which case a new mayor pro tempore shall be elected by majority vote of the council. Section 2.05. 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, is absent from two consecutive regular meetings of the governing authority except if granted a leave of absence by the council or has been continuously disabled for a period of six months so as to prevent him from discharging the duties of his office, or if he is adjudged an incompetent or is convicted of malfeasance or misfeasance in office, a felony, a violation of this Act, or a violation of the election laws of the state. The council shall appoint a qualified person to fill such a vacancy for the remainder of the unexpired term. If a tie vote by the council to fill a vacancy is unbroken for 15 days, the mayor or mayor pro tempore, in case of a vacancy in the office of mayor, shall appoint a qualified person to fill the vacancy. At no time shall there be more than two members so appointed holding office, and if a vacancy occurs with two members so appointed on the council, a special election shall be held on the eighth Tuesday following occurrence of the vacancy, at which election a mayor or councilmember, as the case may be, shall be elected to serve the remainder of the unexpired term of the vacant office; provided, however, that no such election shall be held if a regular annual election will occur within six months.

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Section 2.06. City clerk. The mayor and council shall appoint a city clerk, who shall be responsible for keeping and preserving the city seal and all records of the council; attending meetings of the 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 title 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 council or mayor. The salary of the city clerk and his term of office shall be prescribed by the mayor and council. The council shall require the clerk, before entering upon discharge of his or her duties, to give good and sufficient bond in the amount to be decided by the council, but not less than $25,000.00, said bond payable to the City of Ideal, for the faithful performance of his or her duties and to secure against corruption, malfeasance, misappropriations, or unlawful expenditures. Said security bond shall be obtained from a surety company licensed to do business in the State of Georgia and approved by the council, and the premiums thereon shall be paid by the city. Section 2.07. City legislation. Any action of the council having a regulatory or penal effect, or required to be done by ordinance under this Act, shall be done only by ordinance. Each motion, resolution, and ordinance shall be in written form before being introduced. The affirmative vote of at least three members of the council shall be required to pass any motion, resolution, or ordinance. After adoption of ordinances, the city clerk shall number ordinances consecutively in the order of their final adoption and shall file them in 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. All ordinances before they are passed shall be read twice, and each reading had at a separate meeting, regular, adjourned, or special, on separate days. The first reading shall be at a regular meeting of the council, provided that both readings of said ordinance 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 expenditures of money for other than current expenses shall be read twice as above provided and the rule shall not be suspended.

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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, but no such ordinance shall be adopted until after the council has received and considered the written recommendations of the mayor. The 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 any number of offices and positions of employment; and may transfer or change the functions and duties and compensation of offices, positions of employment, departments, and agencies of the city. As governing body of the city, the council shall name the authority to generally supervise and hire and 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 Ideal is fired or requested or induced to resign from his position of employment with the city, that person shall have the right, if he so desires, to request and have a full and complete public hearing before the council for the purpose of determining the reason or reasons for such firing or requesting or inducement of resignation. 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 3.02. 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. The mayor shall be responsible for the enforcement of laws, rules and regulations, ordinances, and franchises in the city, and the city attorney shall take such legal actions as the mayor may direct for such purposes. The mayor may conduct inquiries and investigations into the conduct of the city's affairs and shall have such other powers and duties as may be provided by ordinances not inconsistent with this Act. 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; shall be the prosecuting officer in the municipal court; shall advise the council, mayor, and other officers and employees

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of the city concerning legal aspects of the city's affairs; and shall approve as to form and legality all contracts, deeds, bonds, ordinances, resolutions, and motions prior to enactment or execution by the council and mayor. Section 3.04. Municipal court. There shall be a municipal court in said city for the trial of all offenders against the laws and ordinances of said city, to be held by the municipal court judge in the courtroom in the city hall of said city as often as necessary. If the council shall so decide, a municipal court judge shall be appointed to serve from year to year at a salary to be fixed by the council and, if so appointed, such judge shall conduct the court. If no judge is appointed, the mayor shall conduct the court. If both the mayor and judge are absent or disqualified, any councilmember designated by the mayor may hold court. The judge or mayor shall have full power and authority, upon conviction, to sentence any offender to labor upon the streets or in other public works of the city for a period not exceeding 30 days or to impose a fine not exceeding $500.00, or both, in the discretion of the presiding officer. The judge or mayor shall have the right to issue criminal warrants, to hold preliminary trials and to fix bonds of all persons tried before him, to answer for their appearance at the Superior Court of Macon County for violations of the criminal laws of said state, or, in default of such bond, commit such offenders to jail for safekeeping. The municipal court shall be held at such time and place as the council may designate. The right to appeal and any bond as may be required to secure the costs on appeal to the Superior Court of Macon County from the municipal court shall lie in the same manner and under the same procedure as generally described for appeals and bonds from the Probate Court of Macon County; provided, however, that 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. Section 3.05. Other officers and employees. After receiving the written recommendations of the mayor, the council may establish by ordinance offices and positions of employment and may abolish, combine, or modify them by ordinance in accordance with such recommendations. Public utilities owned or operated by the city shall be under the supervision of the mayor, council, and employees appointed by the mayor and council or may be under boards or commissions appointed by and answerable to the mayor and council, as may be provided by ordinance.

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Section 3.06. Oath of office. Before a person takes any office in the city government, he shall take the following oath or affirmation before an officer of the state authorized to administer oaths: I do solemnly swear (or affirm) that I will support the Constitution of the United States and of the State of Georgia, that I will, in all respects, observe the provisions of the charter and ordinances of the City of Ideal, and that I will faithfully discharge the duties of the office of...... Section 3.07. Political activity prohibited. No officer or employee of the city, other than the mayor and councilmembers, shall continue in the employment of the city after becoming a candidate for nomination or election to any public office. ARTICLE IV FISCAL ADMINISTRATION Section 4.01. Fiscal year. The fiscal year of the city government shall begin on the first day of July and shall end on the thirtieth day of June of each year, but another fiscal year may be fixed by ordinance for the entire city government or for any utility. Section 4.02. Mayor to submit annual budget. 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 budget for the next fiscal year, showing separately for the general fund, each utility, and each other fund for the following: (1) 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 current fiscal year; and

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(5) Such other information and data as may be considered necessary by the mayor or requested by the council. 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 and agency. 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 of the inhabitants of the city, provided that the council unanimously agrees there is such an emergency. If emergency conditions prevent the adoption of an appropriation ordinance before the beginning of the new fiscal year, the appropriations for the last fiscal year shall become the appropriations for the new fiscal year, subject to amendment as provided by an ordinance specifically passed for such purpose. Section 4.04. Sale of city property. The mayor and council may sell any city property which is obsolete, surplus, or unusable at public or private sale, with or without advertisement, and for such consideration which shall seem equitable and just to the city. Section 4.05. Annual audit. The 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 with the council, at a time agreed to between him and the council, and shall prepare a summary of the report which shall be furnished or made available to the mayor and every councilmember. Section 4.06. Property taxes. All property subject to taxation for state and county purposes, including the capital stock and inventory of merchants and public service companies assessed as of January 1 in each year, shall be subject to the property tax levied by the city. The council shall elect to use the county assessment. Said property is to be taxed at the rate provided by ordinance. Section 4.07. Tax levy. The council shall make a tax levy, expressed as a fixed rate per $100.00 of assessed valuation, and, if no tax levy is made within 90 days prior to the tax due date, the property tax rate in effect for the last fiscal year shall continue in effect as the tax rate for the new fiscal year.

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Section 4.08. Tax due dates and tax bills. The due dates of property taxes shall be fixed by ordinance. 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 on the day following the specified due date, at which time a penalty of 10 percent shall be added and, after the due date, such taxes shall be subject to interest at the rate of 12 percent per annum from the due date until paid. All penalties and taxes specified in this Act shall be subject to such changes as may be specified under applicable Georgia law. 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. Section 4.09. Collection of delinquent taxes. The council may provide by ordinance for the collection of delinquent taxes by distress warrants issued by the mayor and city attorney for the sale of goods and chattels, to be executed by any police officer of the city under the laws governing exeuction of such process from a magistrate court; under general laws providing for the collection of delinquent city or county taxes; or by either of the foregoing methods and by the use of any additional available legal processes and remedies. A lien shall exist against all property on 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 it shall have equal dignity with those for federal, state, or county taxes. Section 4.10. Special assessments. The city may assess all or part of the costs of constructing, reconstructing, widening, or improving any public ways, sewers, or utility mains and appurtenances against the abutting property owners, under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent on the day following the specified due dates, shall thereupon be subject to a penalty of 10 percent, and shall thereafter be subject to interest at the rate of 12 percent per annum from the due date until paid. A lien shall exist against the abutting property superior to all other liens, except that it shall be of equal dignity with liens of county and city property taxes, and said liens shall be enforceable by the same procedures and under the same remedies as provided in this article for city property taxes.

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Section 4.11. License and occupation taxes. The council may provide by ordinance for the levy of such license and occupation taxes upon the residents of the City of Ideal, both individual and corporate, and upon all those who transact or offer to practice any profession or calling therein, as the council may deem expedient for the public health, safety, benefit, convenience, or advantage of the city. 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 necessary or proper to carry out the powers conferred in this Act; and to prescribe penalties for the violations thereof. Section 4.12. Transfer of executions. The city clerk of the City of Ideal shall be authorized to transfer or assign any fi. fa. or exeuction issued for any tax or for any street, sewer, or other assessment in the same manner and to the same extent as provided by Georgia law regarding sales and transfers of tax fi. fas. Such transfer or assignment, when made, shall vest the purchaser or transferee with all right, title, and interest as provided by Georgia law governing sales and transfers of tax fi. fas., provided that, upon levy of execution and sale of property pursuant to such tax fi. fa., whether assigned, transferred, or executed by the city, the owner of such property in fee simple or lesser interest shall not lose his right to redeem the property in accordance with the requirements of redemption of property sold under state or county ad valorem tax fi. fas. as said requirements now exist or as may be provided by law from time to time. Section 4.13. 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 this state. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken. Section 4.14. Revenue bonds. Revenue bonds may be issued by the council as provided by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the Revenue Bond Law, as now or hereafter amended.

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ARTICLE V MISCELLANEOUS Section 5.01. Restrictions on action for damages against city. No action shall be maintained against the city for damages unless a written statement by the claimant or by his agent, attorney, or representative, setting forth the basis for his claim, shall have been filed with the mayor within the time periods prescribed under applicable Georgia law. No officer or employee of the city may waive this requirement. Section 5.02. Penalties. The violation of any provisions of this Act or any ordinance adopted under this Act for which a penalty is not specifically provided for under this Act shall be punished by a fine of not more than $500.00 or by imprisonment not to exceed 30 days, or by both such fine and imprisonment. Section 5.03. Severability. If any article, section, subsection, paragraph, sentence, or part thereof of this Act shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this Act unless it clearly appears that such other parts are wholly and necessarily dependent upon the part or parts held to be invalid or unconstitutional. It is the legislative intent in enacting this Act that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independently of all others. Section 5.04. Specific repealer. An Act incorporating the Town of Ideal, approved August 22, 1907 (Ga. L. 1907, p. 730), as amended, is repealed in its entirety, and all amendatory Acts thereto are likewise repealed in their entirety. Section 5.05. Effective date. This Act shall become effective on July 1, 1989. Section 5.06. General repealer. 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 1989 session of the General Assembly of Georgia a bill to provide a new charter for the City of Ideal; to provide for the imcorporation, 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 29th day of December, 1988. /s/ Lewis H. McKenzie, Senator 14th Senatorial District GEORGIA, MACON COUNTY CERTIFICATE OF PUBLICATION Personally appeared before me, the undersigned officer, duly authorized by law to administer oaths, James E. Medlin, who on oath, deposes and states that he is the publisher of the Citizen and Georgian, which is the official organ of Macon County, Georgia, and that the attached advertisement of Notice to Introduce Local Legislation was published in said paper on January 4, 1989.

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/s/ James E. Medlin James E. Medlin, Publisher Sworn to and subscribed Before me this 9th day of January, 1989. /s/ Lutricea D. Johnson Notary Public, State of Ga. My Comm. Expires 7-12-92 Approved March 21, 1989. COBB JUDICIAL CIRCUIT COURT ADMINISTRATOR. No. 50 (Senate Bill No. 176). AN ACT To amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, so as to provide for a court administrator of the Cobb Judicial Circuit and provide for the duties, services, and compensation thereof; to provide for support personnel for that administrator and provide for their compensation; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, is amended by adding after Section 4H a new section to read as follows:

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Section 4I. Notwithstanding any other provisions of law to the contrary, with the consent of the governing authority of Cobb County, the Superior Court Judges' Council of the Cobb Judicial Circuit shall be authorized to appoint and employ a court administrator for that circuit. The administrator shall serve at the pleasure of that council, shall perform such duties and services as shall be provided by that council, and shall be compensated from the funds of Cobb County in an amount established by that council. With the consent of the governing authority of Cobb County, the Superior Court Judges' Council of the Cobb Judicial Circuit is further authorized to appoint and employ such support personnel for the court administrator as are necessary to carry out the duties of that office, and such personnel shall be compensated from the funds of Cobb County in an amount established by the governing authority of Cobb County in the same manner as other county employees. 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 INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia, a bill to amend an Act creating the Cobb County Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as heretofore amended; and for other purposes. This 2nd day of Jan., 1989.

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/s/ Fred Aiken CHUCK CLAY ROY BARNES HUGH RAGAN SALLIE NEWBILL SENATORS JACK VAUGHN HERMAN CLARK STEVE THOMPSON EARL ERHART GRESHAM HOWREN FRED AIKEN JOHNNY ISAKSON JOHNNY GRESHAM TOM WILDER BILL ATKINS REPRESENTATIVES 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 6, 1989. /s/ Hugh A. Ragan Senator, 32nd District Sworn to and subscribed before me, this 13th day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989. Approved March 21, 1989.

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GRIFFIN-SPALDING COUNTY CHARTER COMMISSION CREATION. No. 51 (Senate Bill No. 254). AN ACT To create and establish the Griffin-Spalding 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 meeting of the charter commission and for the election of a chairman; to provide for the powers and duties of said commission; to provide that the charter commission shall be authorized to employ a staff to assist it in carrying out its powers and duties; to provide for the expenses of the charter commission and for the payment of those expenses by the governing authorities of the City of Griffin and the County of Spalding; to provide that said commission shall be authorized to study all matters relating to the governments of the County of Spalding, the City of Griffin, the City of Orchard Hill, and the City of Sunnyside and all matters relating to the establishment of a single county-wide government with powers and jurisdiction throughout the territorial limits of Spalding County; to provide for the submission of such proposed county-wide government charter to the qualified voters for approval or rejection; to provide for the conduct of such election and for the certification of the results thereof; to provide for all procedures and other matters connected with the foregoing; to permit the governing authorities of the City of Orchard Hill and City of Sunnyside to opt out of the consolidation; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. This Act shall be known and may be cited as the Griffin-Spalding County Charter Commission Act and is

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enacted pursuant to the authority granted by Article IX, Section III, Paragraph II of the Constitution of the State of Georgia. Section 2. As used in this Act, the following terms shall have the meanings ascribed to them unless the context clearly requires otherwise: (1) Charter commission or commission shall mean the Griffin-Spalding County Charter Commission provided for in this Act. (2) Governing authority of the City of Griffin shall mean the Board of Commissioners of the City of Griffin, a municipal corporation of the State of Georgia. (3) Governing authority of the City of Orchard Hill shall mean the mayor and council of the City of Orchard Hill, a municipal corporation of the State of Georgia. (4) Governing authority of the City of Sunnyside shall mean the mayor and council of the City of Sunnyside, a municipal corporation of the State of Georgia. (5) Governing authority of the County of Spalding shall mean the Board of Commissioners of Spalding County, a political subdivision of the State of Georgia. Section 3. (a) There is created the Griffin-Spalding County Charter Commission, which shall consist of 15 members to be appointed as provided in this section. (b) The governing authority of the City of Griffin shall appoint six members to the charter commission with one of those six members being a member of the Board of Commissioners of the City of Griffin at the time of his or her appointment and for the duration of his or her entire term as a member of the charter commission and with five of the six members being citizens of the City of Griffin at the time of such appointment and for the duration of their respective terms as members of such commission. (c) The governing authority of the County of Spalding shall appoint six members to the charter commission with one of those six members being a member of the Board of Commissioners of

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the County of Spalding at the time of his or her appointment and for the duration of his or her entire term as a member of the charter commission and with five of the six members being citizens of Spalding County at the time of such appointment and for the duration of their respective terms as members of such commission. (d) The charter commission, at its organizational meeting, shall appoint, by a majority vote of the members then present, one member to the charter commission who shall be a citizen of Spalding County at the time of such appointment and for the duration of his or her entire term as a member of such commission. (e) The governing authority of the City of Orchard Hill shall appoint one member to the charter commission who may be either the mayor, or a member of the council or board constituting the governing authority of Orchard Hill, or a citizen of Orchard Hill at the time of his or her appointment and for the duration of his or her entire term as a member of such commission. (f) The governing authority of the City of Sunnyside shall appoint one member to the charter commission who may be either the mayor, or a member of the council or board constituting the governing authority of Sunnyside, or a citizen of Sunnyside at the time of his or her appointment and for the duration of his or her entire term as a member of such commission. (g) None of the members of said charter commission, who is not a member of the governing authority of the County of Spalding, the City of Griffin, the City of Orchard Hill, or the City of Sunnyside, shall hold an elective or appointive office. (h) To be eligible for appointment as a member of the charter commission, a person must be at least 21 years of age and shall have been a resident of the State of Georgia for a period of at least five years and registered as an elector to vote in Spalding County for a period of at least two years prior to his or her appointment. (i) If a member of the charter commission should die, become disabled, remove his or her residence and place of domicile to a place outside the territorial limits of the appointing jurisdiction, resign, or become unable, or decline to serve for any reason whatever as a member of the charter commission, said commission shall declare a vacancy in his or her office as a member of such commission and

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within 15 days thereafter the governing authority or delegation that appointed that member shall appoint a successor promptly to fill such vacancy. (j) A certificate of appointment shall be issued by the appointing authority of each member of the charter commission and filed in the office of the Probate Court of Spalding County with a duplicate original of such certificate being transmitted to, and filed with, the chairman or the secretary of the charter commission. (k) Eight members of the charter commission shall constitute a quorum for the transaction of business. Such quorum shall not be applicable with respect to any committees or subcommittees which, at the discretion of the charter commission, may be appointed. A majority of the members of each such committee or subcommittee shall constitute a quorum for the conduct of its business. (l) The charter commission may appoint advisory committees or subcommittees from among the general populace to advise it with respect to its work; provided, however, that the charter commission may not delegate any of the duties, powers, or obligations imposed upon the commission and granted to it by this Act to any such advisory committee or subcommittee. Any such advisory committee or subcommittee so appointed shall serve at the discretion of the commission and shall serve subject to such terms, conditions, and charges as may be imposed upon it by the commission. (m) All persons who shall, from time to time, serve as members of the charter commission or its committees or subcommittees and all agents, employees, and staff appointed or hired by the charter commission from time to time shall be afforded coverage and shall be included in the insured class, under the provision of such policies, riders, or other insurance contracts from time to time in force and held by the governing authority of the County of Spalding, extending to members of such governing authority of the County of Spalding, and what is commonly referred to as public official's liability insurance coverage, to the same extent and as nearly as practicable with identical coverage and limits as afforded to the individual members of the governing authority of the County of Spalding. Any and all additional premium amounts payable by the County of Spalding due to the extension of such coverage to the members of the charter commission and its appointees, agents, employees, and staff shall be paid, when due and payable, one-half by

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the County of Spalding and one-half by the City of Griffin, which payments shall be made in addition to all other amounts otherwise payable under the provisions of this Act. (n) The governing authority of the County of Spalding, the respective governing authorities of the City of Griffin, the City of Orchard Hill, and the City of Sunnyside, and the governing authority of any county-wide government created under a charter adopted pursuant to this Act are authorized and directed to expend funds for fees, costs, and expenses incurred in providing for the defense of the members of the charter commission arising out of their activity as members of such commission and in providing for the defense of any proposed charter submitted by the commission, whether prior to the referendum thereon or after the referendum thereon is conducted. Section 4. (a) The charter commission shall hold an organizational meeting within 21 days after the date this Act becomes effective. Any three or more members of the charter commission, composed of at least one member appointed by the governing authority of the City of Griffin and one member appointed by the governing authority of the County of Spalding, shall call such organizational meeting. The call of such organizational meeting shall designate the time, date, and place that such organizational meeting shall be held. (b) The first order of business at the organizational meeting shall be the designation, by the majority vote of those members present, of a temporary chairman to preside until a permanent chairman is elected. The second order of business at the organizational meeting shall be the election of a permanent chairman who shall be elected by the majority vote of all members of the charter commission. (c) The charter commission shall be authorized to elect a secretary, who need not be a member of the commission, and such other officers from the membership of the charter commission as it shall deem necessary. The charter commission shall be further authorized to employ such staff as may be required to assist it in studying all matters relating to the governments of the City of Griffin and the County of Spalding and in drafting a charter. The charter commission shall not employ any person who holds any elective public office.

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(d) The members of the charter commission shall not receive per diem or other compensation for their services, but the members shall be reimbursed for actual expenses incurred by them in carrying out their duties. The staff employed by the commission shall be paid compensation as determined by the commission within the limits of funds available to it. The governing authority of the City of Griffin and the governing authority of the County of Spalding are authorized to expend public funds in carrying out the provisions of this Act and shall share equally the expense thereof. Each of the said governing authorities shall initially appropriate not less than $6,000.00 for the charter commission and the treasurer or other fiscal authority of each of those governing authorities shall honor, from time to time, vouchers or warrants signed by the chairman of the charter commission for amounts up to an aggregate total of such amount. The governing authorities shall appropriate such additional funds in equal amounts as may be necessary to meet the expenses of the charter commission, provided that such additional expenditures shall be first approved by both governing authorities. The respective governing authorities of the City of Orchard Hill and the City of Sunnyside are authorized, at their discretion and upon agreement with the charter commission, to expend public funds in carrying out the provisions of this Act. (e) The charter commission is also authorized to solicit, receive, and expend contributions, grants, gifts, and other funds from other sources to be utilized by it in the conduct of its business. (f) All public officials and employees of the Cities of Griffin, Orchard Hill, and Sunnyside, and the County of Spalding upon request shall furnish the charter commission with all documents, books, records, data, and information necessary or appropriate in the opinion of the charter commission for it to carry out its duties, except for information that is confidential or privileged by law and shall furnish such other assistance and aid to the commission as it shall request and shall also appear and give testimony, at the request of the commission, before the commission or before any of its committees, subcommittees, or advisory committees. Section 5. The commission shall be authorized to study all matters relating to the governments of the Cities of Griffin, Orchard Hill, and Sunnyside, and the County of Spalding and all matters relating to the establishment of a single county-wide government with powers and jurisdiction throughout the territorial limits of

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Spalding County. If, after conducting such study, the charter commission shall deem it to be in the best interests of the governments proposed to be affected, said commission shall draft a proposed charter creating a single county-wide government, which government shall supersede and replace the existing governments of the City of Griffin and the County of Spalding and may also supersede and replace either, or both, of the existing governments of the Cities of Orchard Hill and Sunnyside and any public authorities and special service districts located and operating within Spalding County. Section 6. (a) The charter so drafted shall be submitted to the qualified voters of Spalding County for approval or rejection of the referendum provided for in Section 10 of this Act. (b) The General Assembly delegates its powers to the charter commission to draft such a charter which may include any provisions necessary to effectuate its purposes. Without limiting the generality of the foregoing, the proposed charter may provide for any one or more, or a combination, of the matters listed below. Where it is indicated that an item shall be included, the inclusion of that particular item shall be mandatory: (1) The charter shall provide for the abolishment of the existing governments of the City of Griffin and the County of Spalding and may provide for the abolishment of the existing governments of either, or both, of the Cities of Orchard Hill and Sunnyside not electing to be excluded from such consolidation, as provided for in this Act, and for the creation of a new single government which may have all powers formerly exercised by the City of Griffin, the County of Spalding, and either or both of the other two municipalities merged in such county-wide government and such other powers as may be necessary or desirable. The new single government may be given, and may have, such rights, privileges, exemptions, preferences, discretions, immunities, powers, duties, and liabilities as are now or hereafter granted to, or vested in, municipalities or counties or both by the Constitution and laws of the State of Georgia. The form and composition of the new government shall be as the charter shall provide; (2) The charter may authorize the new government to continue to be eligible to have, hold, enjoy, and be entitled to

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any assistance, credits, benefits, moneys, grants, grants-in-aid, funds, loans, aid, appropriations, and matching funds to the same extent that any municipality or county of the State of Georgia now or may hereafter enjoy or possess under the Constitution and laws of the State of Georgia or by other provisions of law or under any present or future state or federal programs; (3) The charter may provide for the abolishment, modification, consolidation, or merger of any court, except for the Superior Court, the State Court, the Probate Court, and the Magistrate Court of Spalding County; (4) The charter may provide for the abolishment, modification, consolidation, or merger of any public authorities and special service districts located within Spalding County created by law and for the transfer of any powers, duties, and obligations of such authorities and districts to the new county-wide government or to any agency thereof or from one such authority or special service district to another in such manner as said charter shall provide; (5) The charter may provide for the abolishment, modification, consolidation, or merger of any one or more public offices or positions of public employment of any municipality merged in the county-wide government and the County of Spalding and any public authorities or special service districts located or operating within Spalding County. The charter may provide for administrative division or changes with reference to the duties and responsibilities of any public office or official as the charter commission shall deem necessary for the efficient functioning of the new county-wide government; (6) The charter shall provide for the creation of the governing authority of the new single county-wide government, including the number of members of the governing authority, their powers, duties, terms of office, manner, and time of election or appointment, compensation, method of removal, and all other matters incidental or necessary to the creation of said county-wide governing authority. The charter shall provide for the name or names of the new county-wide government and governing authority;

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(7) The charter may provide for the creation of the various departments, boards, bureaus, offices, commissions, and positions of public employment of the new county-wide government and for any matters necessary or incidental thereto; (8) The charter may provide for the creation of two or more taxing districts whereby taxes shall be assessed, levied, and collected by the county-wide government in accordance with the kind, character, type, and degree of services provided by the government within those taxing districts. The charter may provide that the rate and manner of taxation may vary in any one district from that in another or other districts and may provide that the powers, authority, duties, liabilities, and functions of the new governing authority may vary from district to district. The charter shall provide that any such taxing district established shall equitably reflect the services actually received and that the governing authority of the new county-wide government shall periodically revise districts as changes in conditions and in services rendered, in its judgment, may require; (9) The charter shall provide for the creation of special tax districts consisting of the territory lying within the former boundaries of the affected governments for the purpose of the successor county-wide government levying a tax therein sufficient to retire any bonded indebtedness of such governments which is outstanding on the effective date of the abolishment of such government; (10) The charter may provide for the assumption by the new government of all bonded indebtedness and all other obligations of whatever kind of all governmental units, public authorities, and special service districts which are altered by said charter and a method by which the new county-wide government shall assume the payment of any obligations issued under Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law, or other similar legislation; (11) The charter may provide for the transfer to the new county-wide government of assets, contracts, and franchises of all governmental units and any public authorities

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and special service districts which are merged with the new county-wide government or are altered by the charter; (12) The charter may provide the purposes for which the new county-wide government or governing authority or any agency thereof may levy taxes; (13) The charter shall provide for the method or methods by which it may be amended. The General Assembly expressly reserves the right to amend any charter adopted pursuant to this Act. The charter may provide for an additional method or methods by which the charter may be amended and shall provide for any amendments adopted by any such other method or methods to be filed with the Secretary of State so that they may be published in the Georgia Laws; (14) The charter shall provide for the repeal of conflicting laws; and (15) The charter may contain such other provisions as are necessary and needful to achieve the objectives of consolidation of the governments and functions of the Cities of Griffin, Orchard Hill, and Sunnyside and the County of Spalding and the creation of a successor government. (c) The following additional provisions shall govern proceedings of the charter commission and any successor county-wide government created by a charter drafted by the commission; (1) The charter commission is authorized to contract with any public or private institution or body, including the Carl Vinson Institute of Government, for any special studies or assistance it deems necessary, subject to the limitation that any expenditure therefor shall be within the limits of the funds made available to the commission by the respective governing authorities; and (2) Any successor government created and established shall, without the necessity or formality of deed, bill of sale, or other instrument of transfer, be and become the owner of all property, assets, and rights previously belonging to the City of Griffin and the County of Spalding and any other

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municipalities, authorities, or special service districts merged into the new government. (d) The charter commission shall have all the powers of the superior courts to compel the attendance of witnesses before the commission and any of its committees, subcommittees, or advisory committees; to compel witnesses to testify thereat; and to subpoena any person or entity and all such books, records, data, papers, documents, and other tangible items which may be deemed by the commission to be material to any question or issue deemed by it to be relevant to the duties or prerogatives imposed upon or granted to the commission by this Act. Such subpoenas shall be issued in the name of the commission, shall be signed by either the chairman or the secretary of the commission, and shall be served in the manner provided by law for the service of subpoenas in civil cases pending in the superior courts. Witnesses subject to such subpoenas shall be entitled to the same compensation as witnesses attending superior court, which compensation shall be collected in the same manner as that of witnesses in the superior courts except that such compensation shall be paid from funds of the commission. Should any such subpoenaed person or witness fail or refuse to answer questions propounded or fail or refuse to produce any books, records, data, papers, documents, or other tangible items required to be produced by the commission, except upon a legal excuse which would relieve such person of such obligation in a civil case pending in the superior court, the person so failing or refusing shall be guilty of contempt and may be cited by the commission to appear before a judge of the Superior Court of Spalding County. The judge of said court shall have the same power and jurisdiction to punish the person cited for contempt and to require and compel the attendance, the giving of testimony, or the production of items as in cases of contempt committed in the presence of the court and as in cases pending before the court. (e) Notwithstanding any other provisions of this Act, the charter commission and the charter proposed by the commission and subsequently adopted may not: (1) Alter or affect the status of the Griffin-Spalding County School System or the Griffin-Spalding County Board of Education or any provision of the Constitution or laws of the State of Georgia by which the Griffin-Spalding County School System is constituted, empowered, or preserved,

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or to transfer any of its powers, duties, or obligations; (2) Alter or affect the status of the Griffin-Spalding County Industrial Development Authority or any provisions by which such body is authorized, or transfer any of its powers, duties, or obligations; (3) Impair or diminish any pension or retirement rights; (4) Abolish the office of sheriff, clerk of superior court, or tax commissioner; (5) Impair or diminish any homestead or other exemptions from taxation now or hereafter existing under the Constitution of the State of Georgia; or (6) Alter or affect the status of any municipality, other than the City of Griffin, electing to be excluded, as provided in this Act, from such consolidation, or any provision of the Constitution or laws of the State of Georgia by which such municipality is constituted, empowered, or preserved. (f) None of the foregoing limitations shall be construed as prohibiting the General Assembly from exercising any legislative power with respect to any municipality electing to be excluded, as provided in this Act, or the school district, board of education, industrial development authority, office of sheriff, clerk of superior court, or tax commissioner, pension rights, and homestead exemptions which existed prior to the adoption of this Act. (g) The powers granted in this Act to the charter commission by the General Assembly are remedial in nature and shall be liberally construed to effectuate their purpose. Section 7. The charter commission shall be required to hold at least two public hearings to determine the sentiment of the citizens of the Cities of Griffin, Orchard Hill, and Sunnyside and the County of Spalding regarding the work of the charter commission. The charter commission shall cause the date, time, and place of each such hearing to be advertised in the official organ of Spalding County twice during the week next preceding the week in which the public hearing is held. The charter commission is authorized to hold more

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than two public hearings if it determines that additional public hearings are desirable. Section 8. Each of the Cities of Orchard Hill and Sunnyside shall have the right and option of being excluded from the consolidation provided for in this Act. Such option may be exercised by the governing authority of such municipality unless the governing authority of such municipality waives its right to exercise such option and gives written notice thereof to the charter commission. Notice of the election to exercise such option shall be given in writing by the governing authority of such municipality to the chairman or the secretary of the charter commission before the expiration of 12 months after the organizational meeting of the charter commission, otherwise such option shall be null and void and of no effect. Once such option has been timely exercised by the governing authority of a municipality, such municipality shall thereafter be excluded from the consolidation provided for in this Act, unless the members of the governing authority of such municipality unanimously petition the charter commission to be included and obtain the approval of such inclusion by at least a two-thirds' majority vote of all of the members of the charter commission, thereby irrevocably readmitting such municipality for inclusion in such consolidation as provided for in this Act. However, upon the refusal or failure of either such municipality to give timely written notice as set out in this Act of its election to exercise such option, or upon timely notice being given of the waiver of its right to exercise such option, as set out in this Act, such municipality shall thereafter be irrevocably included in the consolidation provided for in this Act. Section 9. (a) The charter commission shall complete its studies and shall prepare, complete, and file the charter within 15 months after the date of its organizational meeting; provided, however, the above-described time period may be extended for such additional periods of time as may be authorized by a resolution duly adopted by the governing authority of the City of Griffin and by a similar resolution being duly adopted by the governing authority of the County of Spalding and may also be extended by an Act of the General Assembly and shall be automatically extended for a period of time equal to the period of time that any proposed charter shall be under consideration by the United States Department of Justice or by any courts.

Page 3815

(b) Certified copies of the charter shall be filed by the charter commission with the clerks of the governing authorities of the Cities of Griffin, Orchard Hill, and Sunnyside and the County of Spalding and shall be authenticated by the signature of the chairman of the charter commission. Such copies shall be public records and shall be available for inspection or examination by any interested person. (c) The charter commission shall also make available a copy of the charter to every daily or weekly newspaper published in Spalding County and to each radio or television station operating within the county. The commission shall take such other steps, within the limitation of its available funds, as it deems reasonable and appropriate to inform the public throughout the county of the contents of the proposed charter. The charter commission shall also cause a summary of the proposed charter to be printed in pamphlets or booklets and made available for general distribution throughout the county. (d) The charter commission is authorized to adopt such rules and regulations as it deems necessary or desirable to carry out its powers and perform its duties and functions. (e) Following the completion of the proposed charter by the charter commission and prior to the time of filing or submission thereof as provided in this Act, the same shall be presented for review by the United States Department of Justice as may be required by law. The failure of any proposed charter submitted by the charter commission to the Department of Justice to obtain preclearance by the Department of Justice shall not prevent the charter commission from revising said charter in a manner so as to enable the proposed charter to meet Department of Justice objections with respect thereof, and the charter commission is empowered to redraft any such proposed charter in such manner so as to meet requirements for the Department of Justice's approval in the event that any initial proposed charter fails to obtain Department of Justice approval. Section 10. (a) A certified copy of the proposed charter shall be submitted by the commission to the Spalding County Board of Elections, and it shall be the duty of such board to call and hold a special referendum election for ratification or rejection of the proposed charter as provided in Section 11 of this Act.

Page 3816

(b) The charter commission shall be abolished by operation of law at midnight of the day the results of the special referendum election on the proposed charter become final and effective pursuant to the laws of the State of Georgia. Section 11. (a) Not less than seven days nor more than 30 days after receipt of the certified copy of the proposed charter and after receipt of preclearance, or the usual notice of no current objections, by the United States Department of Justice of such proposed charter, it shall be the duty of the Spalding County Board of Elections to call a special election for approval or rejection of the proposed charter. The board of elections, as election superintendent, shall set the date of the election for a day not less than 30 days nor more than 60 days after the issuance of the call. The election superintendent shall cause the date and purpose of the election to be published once a week for two calendar weeks immediately preceding the date thereof in the official organ of Spalding County. The ballot shall have written or printed thereon the following: () YES () NO Shall the charter reorganizing and consolidating the governments of the City of Griffin, the City of Orchard Hill, the City of Sunnyside, and the County of Spalding and creating a single county-wide government to supersede and replace those governments be approved? The language appearing on the ballot shall be modified accordingly if either the City of Sunnyside or the City of Orchard Hill, or both, elect to be excluded from such consolidation as provided in this Act. (b) All persons desiring to vote for approval of the charter shall vote Yes, and those persons desiring to vote for rejection of the charter shall vote No. The votes cast on such question by the qualified voters of Spalding County residing within the corporate limits of the City of Griffin and the votes cast on such question by the qualified voters of Spalding County shall be counted separately. If more than one-half of the votes cast by the qualified voters of Spalding County residing within the corporate limits of the City of Griffin are for approval of the charter and if more than one-half of the

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total votes cast by the qualified voters residing within both the incorporated and unincorporated areas of Spalding County are for approval of the charter, then the charter shall become effective. Otherwise, it shall be void and of no force and effect. The expense of such election shall be borne equally by the City of Griffin and the County of Spalding. (c) The special election shall be conducted pursuant to Chapter 2 of Title 21 of the O.C.G.A., the Georgia Election Code, except to the extent specifically provided otherwise by this Act. (d) A qualified voter, as used in this Act, shall mean a voter of Spalding County qualified to vote for members of the General Assembly of Georgia. The election superintendent shall certify the returns to the Secretary of State. The election superintendent shall also furnish a certified copy of the charter to the Secretary of State. The Secretary of State shall issue his proclamation showing and declaring the result of the election on the approval or rejection of the charter. One copy of the proclamation shall be attached to the copy of the charter certified to the Secretary of State. One copy of the proclamation shall be delivered to the secretary or clerk of each of the governing authorities of the Cities of Griffin, Orchard Hill, and Sunnyside who shall attach the same to the copy of the charter previously certified to him or her. One copy of the proclamation shall be delivered to the clerk of the governing authority of the County of Spalding who shall attach the same to the copy of the charter previously certified to him or her. (e) Whenever a charter for the consolidation of the governments of the City of Griffin and the County of Spalding and any other municipality or municipalities in Spalding County not electing to be excluded from such consolidation, as provided in this Act has been adopted, the above-certified copies thereof, with the proclamation of the Secretary of State of Georgia attached thereto, shall be deemed duplicate original copies of the charter of the consolidated government for all purposes. The certified copy of the charter and proclamation deposited with the secretary of the governing authority of the City of Griffin and of each municipality not electing to be excluded from such consolidation, as provided in this Act, and the certified copy of the charter and proclamation deposited with the clerk of the governing authority of the County of Spalding shall subsequently be delivered by them to the successor government. The successor government may issue certified copies of the charter and any copy so

Page 3818

certified shall be deemed a duplicate original copy of the charter of the consolidated government for all purposes. The Secretary of State is authorized to issue certified copies of the charter on file with him, and copies so certified by him shall be deemed duplicate original copies of the charter of the consolidated government for all purposes. Section 12. In the event the proposed single county-wide government charter is approved by voters as provided in Section 11 of this Act, an election shall be held in accordance with the provisions of the charter to elect the members of the governing authority of the county-wide government. Upon the election of the members of the governing authority and their taking office as the governing authority of the county-wide government, the existing governments of the City of Griffin and the County of Spalding and of each municipality not electing to be excluded from such consolidation, as provided in this Act, shall stand abolished, all in accordance with the provisions of the charter of the new county-wide government. Section 13. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part of this Act. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts of this Act would be declared or adjudged invalid or unconstitutional. Section 14. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 15. 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 1989 Session of the General Assembly of Goergia a Bill to create and establish the Griffin-Spalding County Charter Commission; to provide for its membership, powers, duties and operation; to provide an effective date; to repeal conflicting laws and for other purposes. This 20th day of January, 1989. Maureen C. Jackson, as Clerk of the Board of Commissioners of Spalding County, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Arthur B. Edge IV, 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 Griffin Daily News which is the official organ of Spalding County, on the following date: January 28, 1989. /s/ Arthur B. Edge IV Senator, 28th District Sworn to and subscribed before me, this 1st day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 21, 1989.

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CITY OF SAVANNAH MAYOR AND ALDERMEN; ELECTIONS; TERMS. No. 52 (Senate Bill No. 285). AN ACT To amend an Act entitled To amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, so as to provide that there shall be eight Aldermen of the City of Savannah; to provide for the election of said Aldermen; to extend the corporate limits of the City of Savannah; to provide for other matters relative to the foregoing; to provide for a referendum; to provide for severability; to provide for effective dates; to repeal conflicting laws; and for other purposes., approved March 17, 1978 (Ga. L. 1978, p. 3998), as amended by an Act approved March 14, 1983 (Ga. L. 1983, p. 3827), so as to provide for the election and terms of office of the Mayor and Aldermen of the City of Savannah; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act entitled To amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, so as to provide that there shall be eight Aldermen of the City of Savannah; to provide for the election of said Aldermen; to extend the corporate limits of the City of Savannah; to provide for other matters relative to the foregoing; to provide for a referendum; to provide for severability; to provide for effective dates; to repeal conflicting laws; and for other purposes., approved March 17, 1978 (Ga. L. 1978, p. 3998), as amended by an Act approved March 14, 1983 (Ga. L. 1983, p. 3827), is amended by adding at the end of quoted Section 2 of Section 1 of said Act a new subsection (d) to read as follows:

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(d) Any other provisions of any other Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah to the contrary notwithstanding, the Mayor and Aldermen elected at the city elections of 1986 shall serve for terms of office ending on December 31, 1991. Their successors shall be elected on the Tuesday next following the first Monday in November, 1991, and shall take office on the first day of January, 1992, for terms of four years and until their successors are elected and qualified. Thereafter, successors shall be elected at an election held on the Tuesday next following the first Monday of November immediately preceding the expiration of terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. The extension of terms of office to December 31, 1991, provided for in this subsection is pursuant to the authority of subsection (b) of Code Section 21-3-64 of the O.G.C.A. Section 2. All laws and parts of laws in conflict with this Act are repealed. STATE OF GEORGIA CHATHAM COUNTY Affidavit of Publication X Savannah Morning News Savannah Evening Press 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 reveiwed the regular editions of the Savannah Morning News/Savannah Evening Press, published on Jan. 23, 1989, and finds that the following Advertisement, to-wit:

Page 3822

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to amend the Charter of the Mayor and Aldermen of the City of Savannah; and for other purposes. This 20th day of January, 1989. Honorable Albert J. Scott Senator, 2nd District Appeared in each of said editions. /s/ Gene Stewart (Deponent) Sworn to and subscribed before me this 30 day of Jan., 1989. /s/ Diane M. Strickland Notary Public, Chatham County, Georgia My Commission Expires Apr. 28, 1989 Approved March 21, 1989.

Page 3823

CITY OF BLUE RIDGE NEW CHARTER; REFERENDUM. No. 53 (Senate Bill No. 314). AN ACT To provide a new charter for the City of Blue Ridge in Fannin County; 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 provide for referendums with respect to certain provisions of this 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 Blue Ridge in Fannin 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 Blue Ridge. References in this charter to the city or this city refer to the City of Blue Ridge. The city shall have perpetual existence.

Page 3824

Section 1.11. Corporate boundaries. (a) The corporate limits of the said City of Blue Ridge shall consist of the limits of Tract A and Tract B described as follows: TRACT A Being a rectangular parallelogram two miles long and one mile wide, and the beginning point of the survey is found by intersecting the present center lines of the Louisville Nashville Railroad main track and the main hallway of Fannin County Court House, and measuring Northeasterly along the center line of said main track a distance of one mile to a point on said center line of said main track; then beginning at the point so found, as described above, and turning a right angle from said main track center line and running Southeasterly a distance of one-half mile; thence Southwesterly and parallel with said center line of main track tangent north of the Louisville Nashville Railroad depot, a distance of two miles; thence Northwesterly a distance of one mile; thence Northeasterly a distance of two miles, and thence Southeasterly a distance of one-half mile, to the beginning point, containing two square miles or one thousand two hundred eighty acres (1,280 acres). TRACT B Being a parcel of land described as follows: Beginning at the intersection of the northeasterly boundary of Tract A as described in Section 1.11 and the southerly right-of-way line of old U.S. Highway 76; thence in an Easterly direction with the southerly right-of-way line of said old U.S. Highway 76 to the intersection of the southerly right-of-way line of Old Morganton - Blue Ridge Road which leads to the boat dock property of the City of Blue Ridge; thence in a Southeasterly direction with the southerly right-of-way line of said Old Morganton-Blue Ridge Road to the 1700 foot contour line of Lake Blue Ridge; thence in a Northeasterly direction with said 1700 foot contour line to the northeast corner of the City of Blue Ridge boat dock property; thence in a Northwesterly direction with the property line of said City of Blue Ridge boat dock property to the northerly right-of-way line of old Morganton-Blue Ridge Road; thence in a Northwesterly direction with the northerly right-of-way line of said old

Page 3825

Morganton-Blue Ridge Road to the southerly right-of-way line of old U.S. Highway 76; thence due North to the northerly right-of-way line of said old U.S. Highway 76; thence in a Westerly direction with the northerly right-of-way line of said old U.S. Highway 76 to the northeasterly boundary of Tract A as described in Section 1.11; thence in a southeasterly direction with said northeasterly boundary of said Tract A to the point of beginning. (b) Alterations to said city limits may be made from time to time by local law or in the manner provided by general 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 Blue Ridge, 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 1.11A. Additional corporate boundaries. In addition to the corporate limits of said City of Blue Ridge provided for in Section 1.11 of this Act, the corporate limits of said city shall also include the following: TRACT C Being a strip of land 2000 feet in width and lying 1000 feet on each side of the following described center line: Being the center line of U.S. Highway 76 also known as Appalachian Highway and beginning at the intersection of the said highway center line and the northeasterly boundary of Tract A as described in Section 1.11; thence in an Easterly and then Northeasterly direction to the center line of Toccoa River. The side lines of the described strip shall be lengthened or shortened in a manner parallel with and 1000 feet from the center line of said U.S. Highway 76/Appalachian Highway so as to terminate at said northeasterly boundary of said Tract A and at the center line of the said Toccoa River. TRACT D

Page 3826

Being a strip of land 1000 feet in width and lying 500 feet on each side of the following described center line: Being the center line of U.S. Highway 76/Georgia Highway 5, also known as Appalachian Highway, and beginning at the intersection of the said highway center line and the southwestern boundary of Tract A as described in Section 1.11; thence in a southerly direction to the Gilmer County line. The side lines of the described strip shall be lengthened or shortened in a manner parallel with and 500 feet from the center line of said U.S. Highway 76/Georgia Highway 5/Appalachian Highway so as to terminate at said southwestern boundary of said Tract A and at the said Gilmer County Line. 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;

Page 3827

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;

Page 3828

(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 for carrying out all the powers conferred upon or delegated to the same;

Page 3829

(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 deems

Page 3830

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;

Page 3831

(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 of collecting such service charge; and to impose and collect a sewer connection fee or fees to those connected with the system;

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(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, alminum, 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 (41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary

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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 five council-members. (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

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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 Blue Ridge shall consist of one election district with five numbered posts. Each person seeking election shall designate the post for which he seeks election. (e) On the second Saturday in December, 1989, there shall be elected a mayor and five councilmembers. Then, on the Tuesday next following the first Monday in November in 1993 and on such day quadrennially thereafter, 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

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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: (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

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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 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

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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. (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

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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 Fannin 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 Fannin County following a hearing on a complaint seeking such removal brought by any resident of the City of Blue Ridge. 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 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.

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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 two 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. 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

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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 Blue Ridge 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 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

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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 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 Blue Ridge, 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.

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(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, 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

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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 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

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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. (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

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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. (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.

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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 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 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;

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(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 Blue Ridge, Georgia. Section 5.11. Judges. (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or standby 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.

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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 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.

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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 Fannin 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

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to defray the costs of operating the city government, of providing governmental sercies, for the repayment of principal and interest on general oligations, 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 so taxed. The city council may classify business, 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 of who practices or offers to practice any profession of calling with 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 activites are not now regulated by general law in such way as to preclude city regulations. Such fees may reflect the total cost of the city of regulating the activity and, if unpaid, shall be collected as provioded 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;

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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, 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

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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 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

Page 3853

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 November 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 proposed for

Page 3854

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 November 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. 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 rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be

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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 amending, consolidating, and superseding the several Acts incorporating the City of Blue Ridge, in the County of Fannin, State of Georgia, and creating a new charter and municipal government for said municipal corporation, approved March 23, 1935 (Ga. L. 1935, p. 928), as amended, is repealed in its entirety. Section 7.15. Annexation referendum. Not less than 30 nor more than 90 days after the date of the approval of this Act by the Governor or after it otherwise becomes law and unless prohibited by the federal Voting Rights Act of 1965, as amended, it shall be the duty of the election superintendent of the City of Blue Ridge to issue the call for an election for the purpose of submitting Section 1.11A of this Act to the electors of the City of Blue Ridge for approval or rejection; and it shall be the duty of the election superintendent of Fannin County to issue the call for an election for the purpose of submitting Section 1.11A of this Act to the electors of the area proposed to be annexed for approval or rejection. Each superintendent shall set the date of such election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. Each 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 Blue Ridge or Fannin County, as appropriate. The ballot shall have written or printed thereon the following: () YES () NO Shall Section 1.11A of the Act be approved which annexes additional territory of Fannin County to the corporate limits of the City of Blue Ridge?

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Those persons desiring to vote for approval of Section 1.11A of this Act shall vote Yes, and those persons desiring to vote for rejection of Section 1.11A of this Act shall vote No. If more than one-half of the votes cast on such question from the combined votes of the voters from the present corporate limits of the City of Blue Ridge and the area proposed to be annexed are for approval of Section 1.11A of this Act, Section 1.11A shall become of full force and effect upon certification of the results of the election. Otherwise, it shall be void and of no force and effect and Section 1.11A shall stand repealed in its entirety. At least 30 days prior to said election, the election superintendent of the City of Blue Ridge shall prepare a separate list of voters residing in the area proposed to be annexed who are registered to vote in the county. Each of said voters shall be eligible to vote in the election. The election superintendent of Fannin County shall furnish any information which may be required in the preparation of such list of voters by the election superintendent of the City of Blue Ridge. The City of Blue Ridge shall pay to Fannin County the actual expenses of furnishing such information as is required. The expense of such election shall be borne by the City of Blue Ridge. It shall be the duty of the election superintendent of the City of Blue Ridge to hold and conduct such election in the City of Blue Ridge, and it shall be the duty of the election superintendent of Fannin County to hold and conduct such election in the area proposed to be annexed. It shall be each superintendent's further duty to certify the results thereof to the Secretary of State. Section 7.16. Effective dates. (a) Except for Section 1.11A of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) The effective date of Section 1.11A of this Act, if it becomes effective, shall be determined as provided in Section 7.15 of this Act. Section 7.17. General repealer. All laws and parts of laws in conflict with this Act are repealed.

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NOTICE TO INTRODUCE LEGISLATION Notice is hereby given that there will be introduced at the 1989 session of the General Assembly of the State of Georgia a bill to create a new charter for the City of Blue Ridge and for other purposes. This 24th day of January, 1989. Bill Sowers City Clerk GEORGIA, FANNIN COUNTY AFFIDAVIT Personally appeared before the undersigned officer authorized by law to administer oaths Robert E. Thomas, who, being duly sworn, deposes and states on oath that he is the Publisher of the News Herald Weekly Advocate, a newspaper published in the City of Blue Ridge, being of general circulation and being the legal organ of Fannin County, and who further states that the advertisement attached hereto entitled Notice to Introduce Legislation to create a new charter for the city of Blue Ridge appeared in said newspaper on January 26 and February 2, 1989. /s/ Robert E. Thomas Sworn to and subscribed before me this 3rd day of February, 1989. /s/ Bradley L. Davis Notary Public Approved March 21, 1989.

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COWETA JUDICIAL CIRCUIT JUDGES; SALARY SUPPLEMENTS. No. 54 (Senate Bill No. 332). AN ACT To amend an Act providing a supplemental salary for the judges of the Superior Court of the Coweta Judicial Circuit, approved December 11, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 92), as amended, so as to change the supplemental salaries for such judges; to provide for the apportionment of such supplement among the counties in the circuit; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing a supplemental salary for the judges of the Superior Court of the Coweta Judicial Circuit, approved December 11, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 92), as amended, is amended by striking Section 2 of said Act in its entirety and inserting in its place a new Section 2 to read as follows: Section 2. The board of commissioners or other governing authority for the Counties of Carroll, Coweta, Heard, Meriwether, and Troup shall supplement the salaries of each of the judges of the Superior Court of the Coweta Judicial Circuit in the following amounts: Carroll County shall pay the sum of $3,250.00 per annum per judge; Coweta County shall pay the sum of $2,270.00 per annum per judge; Heard County shall pay the sum of $400.00 per annum per judge; Meriwether County shall pay the sum of $1,200.00 per annum per judge; and Troup County shall pay $2,880.00 per annum per judge.

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Section 2. This Act shall become effective on July 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 1989 Session of the General Assembly of Georgia a Bill to amend an Act providing a supplemental salary for the judges of the Superior Court of the Coweta Judicial Circuit, approved December 11, 1953 (GA. L. 1953, Nov.-Dec. Sess., p. 92), as amended, so as to change the supplements for the judges of the Superior Court of the Coweta Judicial Circuit; and for other purposes. This 26th day of January, 1989. HONORABLE A. QUILLIAN BALDWIN, JR. SENATOR, 29th DISTRICT STATE OF GEORGIA COUNTY OF HEARD Personally appeared before me, the undersigned authority, duly authorized to administer oaths, B. T. McCutchen, who on oath deposes and says that he is the Publisher of the News and Banner, which is the official organ of Heard County, Georgia, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News and Banner on February 1st, 1989.

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/s/ B. T. McCutchen, Publisher Sworn to and subscribed before me this the 8th day of February, 1989. /s/ Mrs. Grace Coombs Notary Public, Georgia, State at Large My Commission Expires May 28, 1990 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 Session of the General Assembly of Georgia a Bill to amend an Act providing a supplemntal salary for the judges of the Superior Court of the Coweta Judicial Circuit, approved December 11, 1953 (GA. L. 1953, Nov.-Dec. Sess., p. 92) as amended, so as to change the supplements for the judges of the Superior Court of the Coweta Judicial Circuit; and for other purposes. This 26th day of January, 1989. Honorable A. Quillian Baldwin, Jr. Senator, 29th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. Quillian Baldwin, Jr., who, on oath, deposes and says that he is Senator from the 29th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the LaGrange Daily News which is the official organ of Troup County, on the following date: Jan. 28, 1989.

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/s/ A. Quillian Baldwin, Jr. Senator, 29th District Sworn to and subscribed before me, this 8th day of February, 1989. /s/ Cap Hicks Notary Public My Commission Expires April 1991 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to amend an Act providing a supplemental salary for the judges of the Superior Court of the Coweta Judicial Circuit, approved December 11, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 92), as amended, so as to change the supplements for the judges of the Superior Court of the Coweta Judicial Circuit; and for other purposes. This day of, 19. Arthur B. Edge, IV, Senator, 28th District. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Arthur B. Skin Edge IV, who, on oath, deposes and says that he is Senator from the 28th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the The Newnan Times-Herald which is

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the official organ of Coweta County, on the following date: Feb. 2, 1989. /s/ Arthur B. Edge IV Senator, 28th District Sworn to and subscribed before me, this 8th day of February, 1989. /s/ Cap Hicks Notary Public My Commission Expires April 1991 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to amend an Act providing a supplemental salary to the judges of the Superior Court of the Coweta Judicial Circuit, approved December 11, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 92), as amended, so as to change the supplements for the judges of the Superior Court of the Coweta Judicial Circuit; and for other purposes. This 30th day of January, 1989. s/Wayne Garner, Honorable Wayne Garner, Senator, 30th District. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. Quillian Baldwin, Jr., who, on

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oath, deposes and says that he is Senator from the 29th 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: February 2, 1989. /s/ A. Quillian Baldwin, Jr. Senator, 29th District Sworn to and subscribed before me, this 13th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to amend an Act providing a supplemental salary for the judges of the Superior Court of the Coweta Judicial Circuit, approved December 11, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 92), as amended, so as to change the supplements for the judges of the Superior Court of the Coweta Judicial Circuit; and for other purposes. This 26th day of January, 1989. HONORABLE QUILLIAN BALDWIN SENATOR, 29th DISTRICT GEORGIA, FULTON COUNTY

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Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. Quillian Baldwin, Jr., who, on oath, deposes and says that he is Senator from the 29th 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: February 3, 1989. /s/ A. Quillian Baldwin, Jr. Senator, 29th District Sworn to and subscribed before me, this 9th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989. Approved March 21, 1989. CITY OF CHARLES ABOLISHED. No. 55 (Senate Bill No. 393). AN ACT To repeal an Act creating and incorporating the City of Charles, in the County of Toombs, approved March 23, 1937 (Ga. L. 1937, p. 1672), so as to abolish the City of Charles; 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 Charles, in the County of Toombs, approved March 23, 1937 (Ga. L. 1937, p. 1672), is repealed and the City of Charles created by such Act is abolished. 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 by Legislation will be introduced in this session of the Georgia General Assembly for the surrender and dissolution of the City Charter of Charles, Georgia, and the annexation of Charles, Georgia into the City of Vidalia, Toombs County, Georgia. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh M. Gillis, Sr., who, on oath, deposes and says that he is Senator from the 20th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Lyons Progress which is the official organ of Toombs County, on the following date: February 23, 1989. /s/ Hugh Gillis, Sr. Senator, 20th District Sworn to and subscribed before me, this 8th day of March, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989. Approved March 21, 1989.

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DAWSON COUNTY SHERIFF; COMPENSATION. No. 56 (Senate Bill No. 397). AN ACT To amend an Act placing the sheriff of Dawson County upon an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2258), as amended, particularly by an Act approved March 6, 1981 (Ga. L. 1981, p. 3050), so as to change the compensation of the sheriff; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act placing the sheriff of Dawson County upon an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2258), as amended, particularly by an Act approved March 6, 1981 (Ga. L. 1981, p. 3050), is amended by striking Section 2 in its entirety and substituting in lieu thereof a new Section 2 to read as follows: Section 2. The sheriff of Dawson County shall receive a salary of $29,500.00 per annum, payable in equal monthly installments from the funds of Dawson County. Beginning on January 1, 1990, the salary of the sheriff shall be increased 3 percent on the first day of January of each year. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3. 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 hereby given that there will be introduced in the regular 1989 Session of the General Assembly of Georgia a local bill to amend the Act placing the Sheriff of Dawson County, on an annual salary approved Feb. 28, 1966, (Ga. L. 1966, P. 2258), as amended, so as to change the compensation of said officer and for other purposes. This the 9th day of February, 1989. J. David Burroughs County Attorney 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 Cawson County Advertiser which is the official organ of Dawson County, on the following date: February 9, 1989. /s/ John C. Foster Senator, 50th District Sworn to and subscribed before me, this 28th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989. Approved March 21, 1989.

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COBB COUNTY CIVIL SERVICE BOARD; MEMBERSHIP; OFFICERS; MEETINGS; POSITIONS. No. 57 (Senate Bill No. 404). AN ACT To amend an Act to authorize 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, so as to change the provisions relating to classified and unclassified positions; to change the provisions relating to membership of the Cobb County Civil Service Board and the terms and dates thereof; to provide for election or appointment of members; to provide for officers; to provide for vacancies; to provide for posts; to provide for meetings; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act to authorize 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, is amended by striking Section 2.1 in its entirety and inserting in lieu thereof a new Section 2.1 to read as follows: Section 2.1 (a) As used in this Act, the term: (1) `Classified position' means a position occupied by a person who receives a salary or wages in whole or in part from Cobb County and which has been placed under the Cobb County Civil Service System pursuant to the terms of this Act or by law.

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(2) `Unclassified position' means a position occupied by a person who receives a salary or wages in whole or in part from Cobb County and which is either precluded from being placed under the Cobb County Civil Service System by law or which is one of the following types of positions: (A) A position established as the head of a department; (B) A position established as the head of a division of a department; (C) A position held by an elected official; (D) A position held by an individual who is appointed by such elected official to serve on a policy-making level, is under the direct supervision of the selecting elected official, and has regular contact with such official, or is an immediate advisor to the elected official with respect to the constitutional or legal powers of his office an is appointed by the elected official; or (E) A position occupied by a person in a managerial capacity, which person consents in writing to accept such managerial position knowing that such employment is in an `unclassified position' as defined in this paragraph and which position is approved as an `unclassified position' by the Cobb County Civil Service Board. The personnel director shall review each request for a position to be approved as an `unclassified position' pursuant to this subparagraph and report to the civil service board regarding the personnel director's opinion of said request. (b) An individual employed in a classified position shall be entitled to the benefits and protections of this Act, whereas an individual in an unclassified position shall receive none of the benefits or protections of this Act. (c) In the event a question arises as to whether a position comes within the definition of a classified position, an affected individual shall have the right to appeal to the civil service board for a determination as to whether the position in question comes

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within the definition of a classified position. The civil service board shall make a determination as to whether the position in question comes within the definition of a classified position, which decision shall be final for the purpose of determining whether an individual occupying said position is entitled to the benefits and protections of this Act. Section 2. Said Act is further amended by striking Section 3 of said Act in its entirety and inserting in lieu thereof a new Section 3 to read as follows: Section 3. (a) There is created and established the Cobb County Civil Service Board which shall consist of five members who shall have been residents of Cobb County for two years or more immediately prior to the date of taking office and who shall hold no other elected, appointed, or salaried public office or position, either federal, state, county, or municipal, either during the six-month period preceding appointment or for the duration of the term. The present members of the civil service board shall serve the remainder of their terms and until their successors shall be duly appointed as provided in this section and shall constitute post numbers 1, 2, 3, 4, and 5 as presently designated. (b) All persons holding post numbers 1, 3, 4, and 5 shall be elected or appointed with the effective date of the person's term of service being April 1. The present members of the civil service board shall serve the remainder of their terms and those terms shall be lengthened as set forth in this section. (c) The expiration of the terms of office and of the terms of the persons currently holding post numbers 1 and 5 are extended from February, 1991, to April 1, 1991, and from February, 1991, to April 1, 1993, respectively. Upon said expiration, the terms of office for post numbers 1 and 5 shall thereafter be for four years, beginning April 1 of the year of expiration of the preceding term of office for each post. Post numbers 1 and 5 shall be filled by secret ballot election by all the employees of Cobb County who are at that time under the Cobb County Civil Service System. Any person desiring to appear as a candidate on the ballot for such election shall announce his candidacy in writing to the chairman of the Board of Commissioners of Cobb County by February 1 preceding the date of expiration of the term of office of the post subject to election. The chairman of the Board of

Page 3872

Commissioners of Cobb County shall cause notice of such candidacy to be given to all department heads, who shall post such notice in a conspicuous place for examination by all department employees. The election shall be administered by the chairman of the Board of Commissioners of Cobb County or his designee. The ballot shall provide voters the choice to reject the entire slate of candidates appearing on the ballot. A voter may vote affirmatively in favor of an individual or he may reject the entire slate, but he may not do both. If no person receives the majority of votes cast, then a run-off election between the two top candidates shall be held two weeks from the date of the first election. The candidate receiving the majority of votes cast in the run-off election shall be the new member of the board. Notice of the time, date, and place of the run-off election, together with the names of the candidates, shall be given in the manner provided in this subsection. (d) Prior to March 1, 1989, persons were to be appointed by the Board of Commissioners to hold post number 3 through February, 1993, and to hold post number 4 through April, 1990. The expiration of the terms of office and of the terms of the persons appointed by the Board of Commissioners of Cobb County under prior law to fill post numbers 3 and 4 are extended from February, 1993, until April 1, 1993, and from April, 1990, to April 1, 1991, respectively. Upon said expiration, the terms of office for post numbers 3 and 4 shall thereafter be for four years beginning April 1 of the year of expiration of the preceding term of office for each post. The governing authority shall appoint the persons to hold post numbers 3 and 4 for the terms of office set forth in this subsection. (e) The expiration of the term of office and the term of the person holding post number 2 is extended from February, 1993, to May 1, 1993. Upon said expiration, the term of office for post number 2 shall thereafter be for four years beginning on May 1 of the year of expiration of the preceding term of office for post number 2. The person holding post number 2 shall be appointed by the majority vote of the persons holding post numbers 1, 3, 4, and 5 as of May 1 of the year of the appointment. A quorum for the purposes of this vote shall be three members. The chairman of the Board of Commissioners of Cobb County shall cast a vote in the event of a deadlock.

Page 3873

(f) All vacancies occurring in any post provided for in this section shall be filled in the same manner as was the appointment of a member of the post in which the vacancy occurred, except that the individual appointed or elected to fill any such vacancy shall serve only the remainder of the term of office of the individual previously occupying the vacated office. Notwithstanding the foregoing, in the event there is less than six months remaining in the term of office of the individual occupying the vacated office, then such vacancy shall be filled by appointment by a majority vote of the remaining members of the civil service board. Any member of the board shall be subject to reappointment. No member of said civil service board may be removed prior to the expiration of his term except for cause after having been granted a notice and afforded a hearing before the governing authority of said county. Prior to said hearing, said member shall be served personally or by registered or certified mail addressed to his residence as shown in the files of said governing authority at least ten days before the date set for hearing with written specification of charges against him. The five members of the civil service board shall designate one of their number as chairman and another as vice chairman. Members of the civil service board shall be paid a sum of $150.00 per month. (g) No board member may serve as chairman of the Cobb County Civil Service Board for more than two consecutive years. (h) A board member whose term has expired shall continue to serve until the successor to the post occupied by that board member has been either elected or appointed and the successor has qualified to serve. Section 3. Said Act is further amended by striking Section 4 of said Act in its entirety and substituting in lieu thereof a new Section 4 to read as follows: Section 4. It shall be the duty, function, and responsibility of the civil service board to represent the interest of the public in the improvement of personnel administration and the selection of qualified personnel. All meetings of the civil service board shall be held in offices provided therefor by the governing authority of Cobb County or in a courtroom of the Superior Court of Cobb County. The governing authority of said county is authorized to provide necessary clerical assistance to the board.

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Said board shall hold a regular monthly meeting at a place designated by the civil service board and may hold additional meetings as may be required by the proper discharge of its duties. Said board shall set the date and time for each monthly meeting of the next year at the December meeting of the board each year. Section 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 INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia, a bill to amend an Act relating to the estabishment 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. 2562), as amended; and for other purposes. This 2nd day of Jan., 1989.

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/s/ Fred Aiken CHUCK CLAY ROY BARNES HUGH RAGAN SALLIE NEWBILL SENATORS JACK VAUGHN HERMAN CLARK STEVE THOMPSON EARL ERHART GRESHAM HOWREN FRED AIKEN JOHNNY ISAKSON JOHNNY GRESHAM TOM WILDER BILL ATKINS REPRESENTATIVES GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roy E. Barnes, who, on oath, deposes and says that he is Senator from the 33rd District, and that the attached copy of Notice of Intention to Introduce Local legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: January 6, 1989. /s/ Roy E. Barnes Senator, 33rd District Sworn to and subscribed before me, this 28th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989. Approved March 21, 1989.

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CHATHAM COUNTY STATE COURT; COSTS AND FEES. No. 58 (House Bill No. 199). AN ACT To amend an Act creating the State Court of Chatham County, approved December 18, 1819 (Ga. L. 1819, p. 16), as amended, particularly by an Act approved March 20, 1985 (Ga. L. 1985, p. 4082), so as to change certain provisions relating to costs and 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. An Act creating the State Court of Chatham County, approved December 18, 1819 (Ga. L. 1819, p. 16), as amended, particularly by an Act approved March 20, 1985 (Ga. L. 1985, p. 4082), is amended by striking Section 7A in its entirety and substituting in lieu thereof a new Section 7A to read as follows: Section 7A. (a) Notwithstanding any other provisions of this Act or any local law relating to the State Court of Chatham County in effect prior to April 1, 1989, the court costs, filing fees, and fees for the services of the clerk and the sheriff, in civil cases and criminal cases, shall be equal to the amounts set by law for the identical or similar costs and fees in the Superior Court of the Eastern Judicial Circuit of Georgia. (b) Indigent persons shall have access to the State Court of Chatham County in civil cases on the same terms and conditions as now prevail in the superior courts pursuant to the provisions of paragraph (4) of subsection (b) of Code Section 15-6-77 of the O.C.G.A.

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Section 2. This Act shall become effective on April 1, 1989. Section 3. All laws and parts of laws in conflict with this Act are repealed. STATE OF GEORGIA CHATHAM COUNTY Affidavit of Publication X Savannah Morning News Savannah Evening Press 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 Dec. 19, 1988, and finds that the following Advertisement, to-wit: Notice is hereby given that there will be introduced during the 1989 session of the Georgia General Assembly an act to amend the fees for the services of the Clerk and Sheriff in civil and criminal cases. This 15th day of December, 1988. ROYL. ALLEN, II State Representative House District # 127

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appeared in each of said editions. /s/ Gene Stewart (Deponent) Sworn to and subscribed before me this 19 day of Dec., 1988. /s/ Diane M. Strickland Notary Public, Chatham County, Ga. My Commission Expires Apr. 28, 1989 (SEAL) Approved March 21, 1989. CITY OF SMYRNA HOMESTEAD EXEMPTION; REFERENDUM. No. 59 (House Bill No. 236). AN ACT To provide for a $10,000.00 homestead exemption from certain City of Smyrna ad valorem taxes for certain residents 65 years of age or older; to provide for related matters; to provide for a referendum; to repeal an 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.

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Section 2. Each resident of the City of Smyrna who is 65 years of age or older and who has resided within the City of Smyrna for a period of not less than three years at the time of application for such exemption shall be granted an exemption on that person's homestead from City of Smyrna ad valorem taxes, except those taxes levied for school purposes and to pay interest on and retire bonded indebtedness, 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 Smyrna may by ordinance provide 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 provided for by this Act shall apply to all taxable years beginning January 1 of the year following the year in which this Act is approved by the electors of the City of Smyrna. Section 6. The exemption provided for by this Act shall be in addition to any other homestead exemption from City of Smyrna ad valorem taxes. Section 7. The exemption provided for by this Act 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 Smyrna or its designee in the event that such person for any reason becomes ineligible for that exemption. Section 8. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Smyrna 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 Smyrna for approval or rejection. The election superintendent shall conduct that election on the date of the next municipal election or referendum and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the

Page 3880

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 $10,000.00 homestead exemption from certain City of Smyrna ad valorem taxes for certain residents 65 years of age or older? 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 Smyrna. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 9. The homestead exemption applicable to City of Smyrna ad valorem taxes set forth in a constitutional amendment proposed by Ga. L. 1962, p. 976, as amended by Ga. L. 1972, p. 1440 and as amended by Ga. L. 1979, p. 1844, and duly ratified by the people and which was continued in force and effect by an Act approved March 28, 1986 (Ga. L. 1986, p. 5525), shall stand repealed in its entirety on the date on which the exemption provided by this Act becomes applicable. Section 10. All laws and parts of laws in conflict with this Act are repealed.

Page 3881

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to increase the homestead exemption from City of Smyrna, Georgia, ad valorem taxes for all residents 65 years of age or over or who are totally disabled; and for other purposes. This 2nd day of Jan., 1989. /s/ Fred Aiken CHUCK CLAY ROY BARNES HUGH RAGAN SALLIE NEWBILL SENATORS JACK VAUGHN HERMAN CLARK STEVE THOMPSON EARL ERHART GRESHAM HOWREN FRED AIKEN JOHNNY ISAKSON JOHNNY GRESHAM TOM WILDER BILL ATKINS REPRESENTATIVES

Page 3882

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 6, 1989. /s/ Fred Aiken Representative, 21/1 District Sworn to and subscribed before me, this 12th day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 21, 1989.

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TOWN OF MARTIN MAYOR; TERM. No. 60 (House Bill No. 270). AN ACT To amend an Act providing for a new charter for the Town of Martin, approved March 18, 1980 (Ga. L. 1980, p. 3215), as amended, so as to change certain provisions relating to the election of the mayor; to change certain provisions relating to the taking of office by certain municipal officers; to provide for terms of office; to provide for the authority for this Act; 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 Town of Martin, approved March 18, 1980 (Ga. L. 1980, p. 3215), as amended, is amended by striking from Section 2.11 the following: The mayor shall serve for a term of one year and until his or her successor is elected and qualified., and inserting in its place the following: The mayor shall serve for a term of two years and until his or her successor is elected and qualified. Section 2. Said Act is further amended by striking from subsection (d) of Section 5.10 the following: At each election, the mayor shall be elected for a one-year term and until his or her successor is elected and qualified.,

Page 3884

and inserting in its place the following: The mayor in office on January 1, 1989, shall continue in office until December 31, 1989. At the election in 1989, and biennially thereafter, the mayor shall be elected for a term of office of two years and until his or her successor is elected and qualified. Notwithstanding any provision of subsection (e) of this section to the contrary, the mayor shall take office on the first day of January immediately following his election. Section 3. This Act is enacted pursuant to the authority provided for in Code Section 21-3-64 of the O.C.G.A. 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 at the regular 1989 session of the General Assembly of the State of Georgia a bill to provide that the term of office of the Mayor of the Town of Martin shall be set at two years effective upon passage for all elections occurring thence-forth; to provide for all related matters; and for other purposes. JEANETTE JAMIESON STATE REPRESENTATIVE DISTRICT 11 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mary 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 Toccoa Record which is the official organ of Stephens County, on the following date: January 5, 1989.

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/s/ Mary Jeanette Jamieson Representative, 11th District Sworn to and subscribed before me, this 11th day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 21, 1989. BLECKLEY COUNTY TAX COMMISSIONER; COMPENSATION. No. 61 (House Bill No. 283). AN ACT To amend an Act providing for the consolidation of the offices of tax receiver and tax collector of Bleckley County into the office of the tax commissioner of Bleckley County, approved April 23, 1969 (Ga. L. 1969, p. 3304), as amended, particularly by an Act approved March 12, 1984 (Ga. L. 1984, p. 3944), so as to change the provisions relative to the compensation of the tax commissioner; to provide for a cost-of-living increase; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for the consolidation of the offices of tax receiver and tax collector of Bleckley County into the office of the tax commissioner of Bleckley County, approved April 23,

Page 3886

1969 (Ga. L. 1969, p. 3304), as amended, particularly by an Act approved March 12, 1984 (Ga. L. 1984, p. 3944), is amended by striking paragraph (1) of subsection (a) of Section 3 in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows: (1) The tax commissioner of Bleckley County shall receive an annual salary of $25,000.00 payable in equal monthly installments from the funds of Bleckley County. Effective January 1, 1990, whenever the employees in the classified service of the state merit system receive a cost-of-living increase of a certain percentage or certain amount, the amount fixed in this paragraph as salary shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amount fixed as salary in this paragraph shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. In addition, the amount provided as salary by this paragraph shall be increased by 5 percent for each four-year term of office served by the tax commissioner, figured at the end of each such period of service. Section 2. This Act shall become effective on 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 COUNTY OF BLECKLEY Notice is hereby given of intent to introduce legislation to amend the compensation of the Tax Commissioner of Bleckley County at the 1989 Session of the General Assembly of Georgia.

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This 9th day of January, 1989. Newt Hudson State Representative District 117 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. 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 Cochran Journal which is the official organ of Bleckley County, on the following date: January 11, 1989 and January 18, 1989. /s/ W. N. Hudson Representative, 117th District Sworn to and subscribed before me, this 19th day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 21, 1989.

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CITY OF COMER MAYOR AND COUNCIL; ELECTIONS; DISTRICTS; TERMS; VACANCIES. No. 62 (House Bill No. 294). 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 24, 1988 (Ga. L. 1988, p. 4641), so as to change the provisions regarding vacancies; to change the description of council districts; to change the provisions regarding the election and terms of the mayor and councilpersons; to change the time of the municipal elections; to provide that certain incumbent councilmen will be deemed to have been elected from council districts; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating and incorporating the City of Comer, approved August 20, 1913 (Ga. L. 1913, p. 728), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4641), is amended by striking subsection (b) of Section 4 thereof and inserting in its place a new subsection to read as follows: (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 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 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

Page 3889

receives a majority of the votes cast therefor. All such elections shall be nonpartisan. Section 2. Said Act is further amended by striking Section 5 thereof and inserting in its place a new section to read as follows: 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 College Street; thence south on College 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 College Street; thence north on College 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 tracks; 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.

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(c) The mayor elected to such office at the 1988 municipal general election, or any person who is mayor by reason of having been appointed to fill the vacancy in the office of that mayor elected in 1988, shall continue to serve out the term of that office which shall expire December 31, 1990, and upon the election and qualification of a successor, which successor shall be elected to that office at the 1990 municipal general election, which shall be conducted at the time of the November state-wide general election in 1990. That successor shall take office the first day of January immediately following that election and serve for an initial term of one year. Thereafter, all future successors to the mayor whose term is to expire shall be elected at the municipal general election immediately preceding the expiration of that term and shall take office the first day of January immediately following that election to serve for a term of two years. (d) Those councilpersons who were first elected from Council Districts 1 and 4, at the 1988 municipal general election, or any other person who is such councilperson by reason of having been appointed to fill the vacancy in office of such councilperson elected in 1988, shall serve out their terms of office, which shall expire December 31, 1990, and until their successors are elected and qualified. Those successors next elected from Council Districts 1 and 4 shall be elected at the 1990 municipal general election, which shall be conducted at the November state-wide general election in 1990, shall take office the first day of January following that election, and serve for initial terms of three years each. Thereafter, all future successors to councilpersons from Council Districts 1 and 4 whose terms are to expire shall be elected at the municipal 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 four years each. (e) For purposes of electing their successors, who will be the first councilpersons elected from Council Districts 2 and 3 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: Ms. Allene Pendleton - Council District 2

Page 3892

Mr. Clifford Yarbrough - Council District 3 Those incumbent councilmen thus deemed 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 1989 municipal general election, and shall take office the first day of January immediately following that election and serve for initial terms of two years each. All future successors to the councilpersons from Council Districts 2 and 3 whose terms are to expire shall be elected at the municipal 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 four years each. (f) 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, 1990, beginning in 199, municipal general elections shall be held only on the Tuesday next following the first Monday in November of each odd-numbered year. (g) 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 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. 72-753 inclusive), as amended; and for other purposes.

Page 3893

This 22nd day of December, 1988. Mayor Johnny Bridges COUNCIL MEMBERS: Wayne A. Brown Gryson Riner Allene S. Pendleton Cliff Yarbrough ATTEST: Steve H. Sorrells 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 DANIELSVILLE MONITOR, 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 the Notice, Notice of Intention to Introduce Local Legislation, was published in the edition of January 6, 1989. /s/ Jere Ayers Subscribed and sworn to before me this 19th day of January, 1989. /s/ Virginia O'Kelley Notary Public (SEAL) Approved March 21, 1989.

Page 3894

STATE COURT OF FULTON COUNTY AND MUNICIPAL COURT OF ATLANTA COSTS; FEES. No. 63 (House Bill No. 303). AN ACT To amend an Act establishing a Municipal Court of the City of Atlanta (now a division of the State Court of Fulton County), approved August 20, 1913 (Ga. L. 1913, p. 145), as amended, particularly by an Act approved March 18, 1985 (Ga. L. 1985, p. 3773), so as to revise certain costs and service fees charged by the clerk and marshal of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act establishing a Municipal Court of the City of Atlanta (now a division of the State Court of Fulton County), approved August 20, 1913 (Ga. L. 1913, p. 145), as amended, particularly by an Act approved March 18, 1985 (Ga. L. 1985, p. 3773), is amended by striking subsections (a), (b), and (c) of Section 49 in their entirety and inserting in lieu thereof new subsections (a), (b), and (c) to read as follows: (a) Except as hereinafter provided, the total cost, including the first judgment and fi. fa. for all suits or proceedings of any character, except garnishment and proceeding against tenant holding over, irrespective of how they shall be terminated, shall be $27.00 plus $5.00 for each defendant more than one; provided, however, where the principal amount involved is $300.00 or more, the cost shall be $33.00 plus $5.00 for each defendant more than one.

Page 3895

(b) The total cost, except as hereinafter provided, for a garnishment proceeding, irrespective of how it shall be terminated, shall be $27.00 plus $5.00 for each summons more than one; provided, however, where the principal amount involved is $300.00 or more, the cost shall be $33.00 plus $5.00 for each summons more than one. (c) The total cost for a proceeding against tenant holding over, except as hereinafter provided or where the writ of possession is executed, shall be $31.00 plus $5.00 for each defendant more than one. Where it is necessary to execute the writ of possession, there shall be a $20.00 marshal service charge for the execution. Section 2. This Act shall become effective on 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 1989 session of the General Assembly of Georgia a bill to amend an Act establishing a Municipal Court of the City of Atlanta (now a division of the State Court of Fulton County), approved August 20, 1913, (Ga. L. 1913, p. 145), as amended, particularly by an Act approved February 24, 1976, (Ga. L. 1978, p. 3023), creating a State Court of Fulton County, and for other purposes. This 11th day of January, 1989.

Page 3896

Robert E. Cochran, II Chief Clerk/Court Administrator State Court of Fulton County 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: January 11, 1989. /s/ Luther S. Colbert Representative, 23rd District Sworn to and subscribed before me, this 20th day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 21, 1989.

Page 3897

MCDUFFIE COUNTY BOARD OF COMMISSIONERS; COMPENSATION; EXPENSES. No. 64 (House Bill No. 304). AN ACT To amend an Act creating a three-member board of commissioners for McDuffie County, approved February 16, 1955 (Ga. L. 1955, p. 2331), as amended, particularly by an Act approved March 21, 1984 (Ga. L. 1984, p. 4521), so as to change the provisions relating to the compensation and expense allowance of members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a three-member board of commissioners for McDuffie County, approved February 16, 1955 (Ga. L. 1955, p. 2331), as amended, particularly by an Act approved March 21, 1984 (Ga. L. 1984, p. 4521), is amended by striking subsection (c) of Section 7 of said Act in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) The remaining two members of the board shall each receive a salary of $7,500.00 per year to be paid in equal monthly installments from the funds of McDuffie County. The commission shall be authorized to set, in its discretion, an expense allowance amount for members of the board other than the chairman, provided that such expense allowance may be used solely for reimbursement of expenses incurred by the commissioners outside of McDuffie 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.

Page 3898

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to amend an Act creating a three-member board of commissioners for McDuffie County, approved February 16, 1955 (Ga. L. 1955, p. 2331), as amended; and for other purposes. This 6th day of January, 1989. Robert A. Harris Honorable Robert Harris Representative, 84th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert A. Harris, who, on oath, deposes and says that he is Representative from the 84th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the McDuffie Progress which is the official organ of McDuffie County, on the following date: January 11, 1989. /s/ Robert A. Harris Representative, 84th District

Page 3899

Sworn to and subscribed before me, this 19th day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 21, 1989. MCDUFFIE COUNTY CORONER; COMPENSATION. No. 65 (House Bill No. 305). AN ACT To amend an Act placing the county officers of McDuffie County on an annual salary, approved March 9, 1959 (Ga. L. 1959, p. 2568), as amended, particularly by an Act approved March 21, 1984 (Ga. L. 1984, p. 4692), so as to change the annual salary of the coroner of McDuffie County; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act placing the county officers of McDuffie County on an annual salary, approved March 9, 1959 (Ga. L. 1959, p. 2568), as amended, particularly by an Act approved March 21, 1984 (Ga. L. 1984, p. 4692), is amended by striking Section 5A in its entirety and inserting in its place a new Section 5A to read as follows: Section 5A. The coroner of McDuffie County shall receive an annual salary of $4,800.00 per year, payable in equal monthly installments from county funds.

Page 3900

Section 2. This Act shall become effective on 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 1989 session of the General Assembly of Georgia a bill to amend an Act placing the county officers of McDuffie County on an annual salary, approved March 9, 1959 (Ga. L. 1959, p. 2568), as amended, so as to change the annual salary of the coroner of McDuffie County; and for other purposes. This 6th day of January, 1989. Robert A. Harris Honorable Robert Harris Representatives, 84th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert A. Harris, who, on oath, deposes and says that he is Representative from the 84th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the McDuffie Progress which is the official organ of McDuffie County, on the following date: January 11, 1989.

Page 3901

/s/ Robert A. Harris Representative, 84th District Sworn to and subscribed before me, this 19th day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 21, 1989. HABERSHAM COUNTY STATE COURT; JUDGE'S SECRETARY; DEMANDS FOR JURY TRIALS. No. 66 (House Bill No. 307). AN ACT To amend an Act creating and establishing the State Court of Habersham County (formerly the City Court of Habersham County), approved February 13, 1941 (Ga. L. 1941, p. 651), as amended, so as to provide for a secretary for the judge of such court; to provide for selection; to provide for compensation and for restrictions related thereto; to provide for duties; to provide for procedures for demands for jury trials; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating and establishing the State Court of Habersham County (formerly the City Court of Habersham County), approved February 13, 1941 (Ga. L. 1941, p. 651), as

Page 3902

amended, is amended by adding a new section immediately following Section 21, to be designated Section 21A, to read as follows: Section 21A. The judge of the State Court of Habersham County shall be authorized to employ a secretary at a salary of not less than $550.00 per month, to be fixed and approved by the judge and to be paid monthly from the funds in the county treasury; provided, however, that any part of such salary in excess of $550.00 per month may be disallowed in whole or in part by the board of commissioners of Habersham County. The judge shall have the sole right to select the secretary employed under this section. Such secretary shall serve at the pleasure of the judge and shall perform such duties and services as are prescribed by the judge. Section 2. Said Act is further amended by adding a new section immediately following Section 26, to be designated Section 26A, to read as follows: Section 26A. (a) In all criminal cases, the judge of such court shall be the judge of both questions of fact and law unless the person subject to be tried, before pleading to the charge against him, or the state shall demand a jury trial. The purpose of this subsection is to eliminate trial by jury unless demanded by the person charged or by the state. Upon either such timely demand being made in writing, such person shall be tried by a jury as is provided in this Act. (b) In all civil cases, the judge shall be the judge of all questions in fact and law unless either party to such proceedings shall, before the time expires for filing defensive pleadings, file a written demand for a jury trial. Upon such demand being timely field, the case shall be tried by a jury as provided in this Act unless such demand for trial by jury is withdrawn before the call of the case for trial. When a demand for trial by jury is filed, the same shall not be withdrawn without the consent of the opposite party. Section 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.

Page 3903

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 1989 session of the General Assembly of Georgia a bill to amend an Act creating and establishing the State Court of Habersham County (formerly the City Court of Habersham County), approved February 13, 1941 (Ga. L. 1941, p. 651), as amended; and for other purposes. 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 Tri-County Advertiser, which is the official organ of Habersham County, on the following date: January 6, 1989. /s/ Jeanette Jamieson Representative, 11th District Sworn to and subscribed before me, this 17th day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 21, 1989.

Page 3904

CATOOSA COUNTY JUDGE OF THE PROBATE COURT; CLERK OF THE SUPERIOR COURT; CLERICAL HELP. No. 67 (House Bill No. 326). 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 24, 1988 (Ga. L. 1988, p. 4620), so as to increase the clerical help allowance of the judge of the probate court and the clerk of the superior court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act placing the 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 24, 1988 (Ga. L. 1988, p. 4620), 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..... 34,000.00 per annum Clerical help for the clerk of the superior court..... 70,000.00 per annum

Page 3905

All allowances payable under this Act shall be paid directly by the county treasurer to the person or persons performing such clerical help. No person performing such clerical help for the judge of the probate court shall be related to said judge closer than the fifth degree of consanguinity or affinity. No person performing such clerical help for the clerk of the superior court shall be related to said clerk closer than the fifth degree of consanguinity or affinity. The allowances provided in this section shall be used to employ full-time clerical help. In no event shall such allowances be used to pay bonuses to full-time employees or to pay for part-time clerical help. In the event the maximum allowance for clerical help is not needed for such purposes, then the unused portion thereof shall remain as part of the general funds of the county. Section 2. This Act shall become effective on 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 requested local legislation to increase the clerical allowance for the office of the Clerk of the Superior Court of Catoosa County, Georgia, at the January, 1989 Session of the General Assembly of the State of Georgia. This the 28th day of December, 1988. Norman L. Stone, Clerk Superior Court, Catoosa County, Georgia. GEORGIA, FULTON COUNTY

Page 3906

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, McCracken Poston, Jr., who, on oath, deposes and says that he is Representative from the 2nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Catoosa County News which is the official organ of Catoosa County, on the following date: December 28, 1988. /s/ McCracken Poston, Jr. Representative, 2nd District Sworn to and subscribed before me, this 20th day of January, 1989. /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 hereby given that there will be requested local legislation to increase the Clerical allowance in the Office of the Probate Court at the January 1989 session of the General Assembly of the State of Georgia. Sam T. Dills, Probate Judge, Catoosa County, Georgia. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, McCracken Poston, Jr., who, on oath, deposes and says that he is Representative from the 2nd District, and that the attached copy of Notice of Intention to Introduce

Page 3907

Local Legislation was published in the Catoosa County News which is the official organ of Catoosa County, on the following date: January 11, 1989. /s/ McCracken Poston, Jr. Representative, 2nd District Sworn to and subscribed before me, this 20th day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 21, 1989. CATOOSA COUNTY TAX COMMISSIONER; CLERICAL HELP. No. 68 (House Bill No. 327). AN ACT To amend an Act creating the office of tax commissioner of Catoosa County, approved February 10, 1937 (Ga. L. 1937, p. 1267), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5135), so as to increase the amount payable for clerical help in the office of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 3908

Section 1. An Act creating the office of tax commissioner of Catoosa County, approved February 10, 1937 (Ga. L. 1937, p. 1267), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5135), is amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows: Section 5. The compensation of the tax commissioner of Catoosa County, as full compensation for any and all duties performed by him as receiver and collector of school district and school bond taxes and of county taxes for the first 90 percent of the ad valorem net digest, shall be a fixed salary of $6,000.00 per annum, to be paid in equal semimonthly installments. In addition to said $6,000.00 annual salary, the tax commissioner shall, when acting as ex officio sheriff, be entitled to an additional salary of $200.00 per month, as provided for in subsection (c) of Code Section 48-5-137 of the O.C.G.A. There shall also be paid to the tax commissioner, but not as personal funds of the tax commissioner, the sum of $70,000.00 per annum, to be paid in equal semimonthly installments for clerical help necessary for the performance of the duties of said office. Said tax commissioner shall be entitled to the commissions now allowed tax collectors on all state, professional, and special taxes and on all taxes collected in excess of 90 percent of the total taxes due according to the ad valorem net digest, which total taxes due shall include, without being limited to, those motor vehicle taxes listed in said digest. Said commissioner shall be entitled to a commission of 10 percent of all collections in excess of 90 percent of the total taxes due according to the tax net digest, and said commissioner's entitlement thereto shall be unaffected by any salary limitation set forth in paragraph (3) of subsection (c) of Code Section 48-5-180 of the O.C.G.A. Said tax commissioner shall also be entitled to the fees now allowed tax commissioners for motor vehicle license tags and for certain motor vehicle title transactions pursuant to Chapters 2 and 3 of Title 40 of the O.C.G.A. Said tax commissioner shall also be entitled to the commission now allowed tax collectors on intangible taxes pursuant to Code Section 48-6-73 of the O.C.G.A. All commissions due to said tax commissioner for school taxes, school bond taxes, and any and all other taxes not hereinabove specifically mentioned shall be paid into the county treasury. All allowances and salaries paid under this Act shall be paid directly by the county treasurer to the person or persons performing such clerical help, and no person performing such clerical help for the tax commissioner

Page 3909

shall be related to said commissioner closer than the fifth degree of consanguinity or affinity. In no event shall the clerical allowance provided in this section be used to pay bonuses to employees. In the event the maximum allowance for clerical help is not needed for such purpose, then the unused portion thereof shall remain as part of the general funds of the county. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE Notice is hereby given that there will be requested local legislation to increase the clerical allowance for the office of Tax Commissioner of Catoosa County, Georgia, at the January, 1989 Session of the General Assembly of the State of Georgia. This the 9th day of January, 1989. Charles Proctor, Sr., Tax Commissioner Catoosa County, GA GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, McCracken Poston, Jr., who, on oath, deposes and says that he is Representative from the 2nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Catoosa County News which is the official organ of Catoosa County, on the following date: January 18, 1989.

Page 3910

/s/ McCracken Poston, Jr. Representative, 2nd District Sworn to and subscribed before me, this 23rd day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 21, 1989. MOUNTVILLE WATER AUTHORITY ACT REPEALED; TRANSFER OF ASSETS AND OBLIGATIONS TO THE CITY OF LAGRANGE. No. 69 (House Bill No. 362). AN ACT To repeal an Act creating the Mountville Water Authority, approved April 12, 1982 (Ga. L. 1982, p. 4452), as amended, particularly by an Act approved January 22, 1986 (Ga. L. 1986, p. 3531) and an Act approved March 25, 1986 (Ga. L. 1986, p. 4764), so as to provide for a transfer of the assets and obligations of such Authority to the City of LaGrange; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the Mountville Water Authority, approved April 12, 1982 (Ga. L. 1982, p. 4452), as amended, particularly by an Act approved January 22, 1986 (Ga. L. 1986, p.

Page 3911

3531) and an Act approved March 25, 1986 (Ga. L. 1986, p. 4764), is repealed. Section 2. All assets and obligations of the Mountville Water Authority shall be transferred to the City of LaGrange upon the effective date 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 1989 session of the General Assembly of Georgia a bill to appeal an Act creating the Mountville Water Authority, approved April 12, 1982 (Ga. L. 1982, p. 4452), as amended; and for other purposes. This 18th day of January, 1989. Mountville Water Authority By: Charles Newsome Chairman PUBLISHER'S AFFIDAVIT Personally before the undersigned officer authorized to administer oaths appeared GLEN O. LONG who after being duly sworn states that he is the Publisher of the LaGrange Daily News which is the official organ of Troup County, Georgia and that the attached Notice of Intention to Introduce Local Legislation was published in the LaGrange Daily News on the 20th day of January, 1989.

Page 3912

/s/ Glen O. Long - Publisher LaGrange Daily News Sworn to and subscribed before me this 20th day of January, 1989. /s/ James R. Lewis Notary Public Troup County, Georgia My Commission Expires: September 12, 1992 (SEAL) Approved March 21, 1989. TIFT COUNTY BOARD OF COMMISSIONERS; MEETINGS; DATE. No. 70 (House Bill No. 371). AN ACT To amend an Act creating a board of commissioners of Tift County, approved August 9, 1917 (Ga. L. 1917, p. 396), as amended, so as to change the date for holding regular sessions of the board; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a board of commissioners of Tift County, approved August 9, 1917 (Ga. L. 1917, p. 396), as amended, is amended by striking subsection (a) of Section 9 and inserting in its place a new subsection (a) to read as follows:

Page 3913

(a) The board of commissioners shall hold their regular session on the second Monday in each month in the courthouse of said county and may adjourn from day to day until their business is finished, and extra sessions may be held at any time on the call of the chairman and upon the call of any three members of the board when in the judgment of the board the interest of the county demands it. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Legislation will be introduced at the regular 1989 session of the General Assembly of Georgia to change the day of the week of regular sessions of the Tift County Board of Commissioners from the first Monday of each month to the second Monday of each month, and for other purposes. Charles Kent, Chairman Tift County Board of Commissioners 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 19, 1989. /s/ Henry Bostick Representative, 138th District

Page 3914

Sworn to and subscribed before me, this 23rd day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 21, 1989. CITY OF NEWNAN MAYOR AND COUNCIL; ELECTIONS; TERMS. No. 71 (House Bill No. 378). AN ACT To amend an Act reincorporating and providing a new charter for the City of Newnan, approved March 31, 1987 (Ga. L. 1987, p. 5160), so as to change the provisions relating to city elections and the election and terms of the mayor and council members; to provide for the time for holding elections and commencement of terms of office; to provide for the extension of certain terms of office in order to comply with general laws of the State of Georgia; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act reincorporating and providing a new charter for the City of Newnan, approved March 31, 1987 (Ga. L. 1987, p. 5160), is amended by striking Section 5.2 and inserting in lieu thereof a new Section 5.2 to read as follows: Section 5.2. Regular elections; time for holding. On the first Tuesday next following the first Monday in November of

Page 3915

each odd-numbered year, a municipal election shall be held for council members as set out in this charter. On the first Tuesday next following the first Monday in November of every other odd-numbered year, a municipal election shall be held for the office of mayor as set out in this charter. Section 2. Said Act is further amended by striking subsection (d) of Section 5.5 of such Act, which reads as follows: (d) The council members shall be elected for four-year terms unless otherwise specified in this charter., in its entirety. Section 3. Said Act is further amended by striking Section 5.7 of such Act, which reads as follows: Section 5.7. Election of mayor. The mayor shall be elected for a term of four years from the city at large by a plurality vote., and inserting in lieu thereof a new Section 5.7 to read as follows: Section 5.7. Election of mayor. The mayor shall be elected from the city at large by a plurality vote. Section 4. Said Act is further amended by adding, following Section 5.7, a new Section 5.8 to read as follows: Section 5.8. Election dates and commencement of terms. (a) The terms of office of council members from Districts A, C, D, and F whose terms of office would otherwise expire at the first organizational meeting in January, 1991, are extended so that such terms shall expire at the first organizational meeting in January, 1992. Council members from Districts A, C, D, and F elected in 1991 shall have terms of office which expire at the first organizational meeting in January, 1996. Thereafter, council members from Districts A, C, D, and F shall be elected in 1995 and every four years thereafter, shall take office at the first organizational meeting in January immediately following their election, and shall have terms of office which expire at the first organizational meeting in January of the fourth succeeding year.

Page 3916

(b) The terms of office of council members from Districts B and E whose terms of office would otherwise expire at the first organizational meeting in January, 1993, are extended so that such terms shall expire at the first organizational meeting in January, 1994. Council members from Districts B and E elected in 1993 shall have terms of office which expire at the first organizational meeting in January, 1998. Thereafter, council members from Districts B and E shall be elected in 1997 and every four years thereafter, shall take office at the first organizational meeting in January immediately following their election, and shall have terms of office which expire at the first organizational meeting in January of the fourth succeeding year. (c) The term of office of the mayor shall expire at the first organizational meeting in January, 1990. The person elected to the office of mayor in 1989 shall take office at the first organizational meeting in January, 1990, and shall have a term of office which shall expire at the first organizational meeting in January, 1994. Thereafter, a mayor shall be elected in 1993 and every four years thereafter, shall take office at the first organizational meeting in January immediately following the election, and shall have a term of office which expires at the first organizational meeting in January of the fourth succeeding year. 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 1989 session of the General Assembly of Georgia a bill to amend an Act reincorporating and providing a new charter for the City of Newnan, approved March 31, 1987 (Ga. L. 1987, p. 5160); and for other purposes. This 12th day of January, 1989.

Page 3917

Sidney Pope Jones, Jr. Representative, 71st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sidney Pope Jones, 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: January 19, 1989. /s/ Sidney Pope Jones, Jr. Representative, 71st District Sworn to and subscribed before me, this 24th day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 21, 1989.

Page 3918

CITY OF ALPHARETTA MUNICIPAL COURT; FINES. No. 72 (House Bill No. 411). 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 the maximum fine which may be imposed by the judge of the municipal court; 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 in its entirety subsection (c) of Section 4.13 and inserting in lieu thereof a new subsection (c) to read as follows: (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $2,000.00 or imprisonment for 120 days, or both, or to sentence any offender upon conviction to labor in a city work gang or on the streets, side-walks, squares, or other public works for a period not exceeding 120 days. Section 2. All laws and parts of laws in conflict with this Act are repealed.

Page 3919

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 Session of the General Assembly of Georgia a bill 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 the maximum fine which may be imposed by the Judge of the Municipal Court to repeal conflicting laws; and for other purposes. JIMMY PHILLIPS Mayor City of Alpharetta GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Luther Colbert, who, on oath, deposes and says that he 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: January 20, 1989. /s/ Luther Colbert Representative, 23rd District

Page 3920

Sworn to and subscribed before me, this 24th day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 21, 1989. POLK COUNTY TAX COMMISSIONER; COMPENSATION. No. 73 (House Bill No. 413). AN ACT To amend an Act creating the office of Tax Commissioner of Polk County, approved March 3, 1964 (Ga. L. 1964, p. 2265), as amended, so as to change the provisions relating to the compensation of the tax commissioner; to provide for certain cost-of-living increases; to provide for certain increases based upon the number of terms of office which have been served; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the office of Tax Commissioner of Polk County, approved March 3, 1964 (Ga. L. 1964, p. 2265), as amended, is amended by adding two new sections immediately following Section 3, to be designated Section 3A and 3B, respectively, to read as follows:

Page 3921

Section 3A. Whenever the employees in the classified service of the state merit system receive a cost-of-living increase of a certain percentage or a certain amount, the amount provided for in Section 3 of this Act shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase received by state employees is in different percentages or different amounts as to certain categories of employees, such amount shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to state employees. Such average percentage increase or average amount increase shall be equal to that received by sheriff of Polk County pursuant to paragraph (2) of subsection (a) of Code Section 15-16-20 of the O.C.G.A. The periodic changes in the amount provided for in Section 3 of this Act as authorized by this section shall become effective six months following the date that the cost-of-living increases received by state employees become effective. Section 3B. The amounts provided for in Sections 3 and 3A of this Act shall be increased by 5 percent for each four-year term of office served by any tax commissioner of Polk County, figured at the end of each such period of service. Such increase shall not have retroactive effect, except that the term of the tax commissioner of Polk County in office on July 1, 1989, shall be counted for determining the appropriate salary under this Act. This section shall not be construed to reduce the salary of the tax commissioner of Polk County in office on July 1, 1989. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to cost-of-living adjustments received by employees in the classified service of the state merit system after such effective date. Section 3. All laws and parts of laws in conflict with this Act are repealed.

Page 3922

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to amend an Act creating the office of tax commissioner of Polk County, approved March 3, 1964 (Ga. L. 1964, p. 2265), as amended; and for other purposes. This 29th day of December, 1988. David L. Willingham 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 12, 1989. /s/ Bill Cummings Representative, 17th District Sworn to and subscribed before me, this 25th day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 21, 1989.

Page 3923

MURRAY COUNTY BOARD OF EDUCATION. No. 74 (House Bill No. 434). AN ACT To repeal an Act providing for the continued existence of the Board of Education of Murray County, approved February 24, 1987 (Ga. L. 1987, p. 3625); to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for the continued existence of the Board of Education of Murray County, approved February 24, 1987 (Ga. L. 1987, p. 3625), 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 1989 session of the General Assembly of Georgia a bill to repeal an Act providing for the continued existence of the Board of Education of Murray County, approved February 24, 1987 (ga. L. 1987, p. 3625); to repeal conflicting laws; and for other purposes. This 13th day of January, 1989.

Page 3924

Honorable Charles Poag, Representative, 3rd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles Poag, who, on oath, deposes and says that he is Representative from the 3rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Chatsworth Times which is the official organ of Murray County, on the following date: January 18, 1989. /s/ Charles Poag Representative, 3rd District Sworn to and subscribed before me, this 18th day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 21, 1989.

Page 3925

MURRAY COUNTY MAGISTRATE COURT; CHIEF MAGISTRATE AND MAGISTRATES; COMPENSATION; EMPLOYEES. No. 75 (House Bill No. 445). AN ACT To amend an Act providing for the Magistrate Court of Murray County, approved March 12, 1984 (Ga. L. 1984, p. 4061), so as to change the compensation of the chief magistrate and magistrates; to provide that the chief magistrate shall receive a cost-of-living increase; to provide that the chief magistrate shall be authorized to appoint clerks, secretaries, assistants, and other personnel; to provide that the chief magistrate shall recommend the compensation to be paid to said employees; to provide that the governing authority of Murray County shall fix the compensation to be paid to said employees; to provide for arbitration if the chief magistrate is dissatisfied with the decision of the governing authority; to provide for the membership of the arbitration committee; to provide for the compensation to be paid to the arbitration committee; 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 providing for the Magistrate Court of Murray County, approved March 12, 1984 (Ga. L. 1984, p. 4061), is amended by striking Section 3 of said Act and inserting in lieu thereof a new Section 3 to read as follows: Section 3. (a) The chief magistrate shall receive a salary of $25,000.00 per year and such supplement, if any, as may be fixed by the county governing authority. Each other magistrate shall receive for each day of service a salary equal to one three hundred and sixty-fifth of the total of the annual salary and supplement, if any, received by the chief magistrate, but the other magistrates shall not receive such compensation for more than 20 combined days of service for any month for both magistrates unless the chief magistrate is disabled, in which event the compensation of the other magistrates during that disability shall be the same as provided for in this subsection.

Page 3926

(b) The chief magistrate shall have the authority to appoint such clerks, secretaries, assistants, and other personnel as he shall deem necessary to efficiently and effectively discharge the official duties of his office. The chief magistrate shall, from time to time, recommend to the governing authority of said county the number of such personnel needed by his office, together with the suggested compensation to be paid each employee. However, it shall be within the sole discretion of the governing authority of Murray County to fix the compensation to be received by each employee in said office. It shall be within the sole power and authority of the chief magistrate, during his term of office, to designate and name the person or persons who shall be employed as such clerks, secretaries, assistants, or other employees, to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion. (c) In the event the chief magistrate is dissatisfied with the decision of the governing authority of Murray County in respect to any item provided for in subsection (b) of this section, he shall be entitled to appeal the decision of the governing authority thereon to an arbitration committee to be composed of one member who shall be appointed by the dissatisfied chief magistrate, one member to be appointed by the governing authority of Murray County, and one member to be selected by the two appointed members of the arbitration committee. The members of the arbitration committee shall be appointed within ten days of the notice of the appeal which shall be filed by the dissatisfied chief magistrate. In the event either of the parties shall fail to appoint a member to the committee within ten days or the two members of the arbitration committee shall fail to agree as to the third member, the judge of the Superior Court of the Conasauga Judicial Circuit shall make the appointment of such member. The committee shall meet at such time and place as the committee shall agree upon and, after giving notice to the parties concerned and affording them an opportunity to be heard on all matters in controversy, shall proceed to resolve all matters contained within the appeal. The decision of the arbitration committee shall be final and binding. Each member of the committee shall receive the sum of $25.00 per day, payable from the funds of Murray County, for each day of service as a member of the committee.

Page 3927

(d) Effective January 1, 1990, and each year thereafter, the chief magistrate shall receive a longevity increase of 7 percent of such chief magistrate's base annual salary. 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 1989 session of the General Assembly of Georgia a bill to amend an Act providing for the Magistrate Court of Murray County, approved March 12, 1984 (Ga. L. 1984, p. 4061); and for other purposes. This 13th day of January, 1989. Honorable Charles Poag, Representative, 3rd District. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles Poag, who, on oath, deposes and says that he is Representative from the 3rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Chatsworth Times which is the official organ of Murray County, on the following date: January 18, 1989. /s/ Charles Poag Representative, 3rd District

Page 3928

Sworn to and subscribed before me, this 18th day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 21, 1989. CITY OF TOCCOA CITY COMMISSIONERS; ELECTIONS; TERMS. No. 76 (House Bill No. 454). AN ACT To amend an Act incorporating the City of Toccoa, approved December 20, 1897 (Ga. L. 1897, p. 341), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 4142), as amended, so as to change the provisions relating to the election and taking of office of the city commissioners; to provide for the authority of this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act incorporating the City of Toccoa, approved December 20, 1897 (Ga. L. 1897, p. 341), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 4142), as amended, is amended by striking Section 3 of said amendatory Act, as amended, and inserting in its place a new Section 3 to read as follows: Section 3. (a) The city commission of the City of Toccoa shall consist of five citizens of the City of Toccoa who shall be

Page 3929

elected at large by the electors of the entire city voting in the election therefor. (b) (1) The term of office of the commissioner serving in Post 2 in office on January 1, 1991, shall expire on December 31, 1991. On the first Thursday in December, 1991, a commissioner serving in Post 2 shall be elected and shall serve for a term of office which shall expire on December 31, 1995, and until his successor is elected and qualified. Such commissioner shall take office on the first day of January immediately following his election. On the first Tuesday next following the first Monday in November, 1995, and every four years thereafter, a commissioner serving in Post 2 shall be elected and shall serve 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 immediately following his election. (2) The terms of office of the commissioners serving in Posts 3 and 5 in office on January 1, 1989, shall expire on December 31, 1989. On the first Thursday in December, 1989, the commissioners serving in Posts 3 and 5 shall be elected and shall serve for terms of office which shall expire on December 31, 1993, and until their successors are elected and qualified. Such commissioners shall take office on the first day of January immediately following their election. On the first Tuesday next following the first Monday in November, 1993, and every four years thereafter, the commissioners serving in Posts 3 and 5 shall be elected and shall serve for terms of office of four years and until their successors are elected and qualified and shall take office on the first day of January immediately following their election. (3) The terms of office of the commissioners serving in Posts 1 and 4 in office on January 1, 1990, shall expire on December 31, 1990. On the first Thursday in December, 1990, the commissioners serving in Posts 1 and 4 shall be elected and shall serve for terms of office which shall expire on December 31, 1995, and until their successors are elected and qualified. Such commissioners shall take office on the first day of January immediately following their election. On the first Tuesday next following the first Monday in November, 1995, and every four years thereafter, the commissioners.

Page 3930

serving in Posts 1 and 4 shall be elected and shall serve for terms of office of four years and until their successors are elected and qualified and shall take office on the first day of January immediately following their election. Section 2. This Act is enacted pursuant to the authority provided for in Code Section 21-3-64 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 hereby given that there will be introduced at the regular 1989 Session of the General Assembly of Georgia a bill to change the terms of office of Posts 1 and 4 of the City Commission of the City of Toccoa; to be elected in November of 1990 for one five year term and thereafter four year terms as provided by law; to insure that the terms of office of City Commissioners serving in Posts 2, 3, and 5 comply with the law of Georgia; and to repeal conflicting provisions; the purpose of said change being to create and establish staggered terms for the City Commission of the City of Toccoa and to comply with O.C.G.A. Section 21-3-61 which provides for term of office of municipal officers to be four years. This 9th day of January, 1989. JEANETTE JAMIESON 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

Page 3931

Local Legislation was published in the Toccoa Record which is the official organ of Stephens County, on the following date: January 12, 1989. /s/ Jeanette Jamieson Representative, 11th District Sworn to and subscribed before me, this 25th day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 21, 1989. MERIWETHER COUNTY BOARD OF COMMISSIONERS; COMPENSATION; EXPENSES. No. 77 (House Bill No. 461). AN ACT To amend an Act providing for the compensation of the chairman and members of the board of commissioners of Meriwether County, approved February 25, 1949 (Ga. L. 1949, p. 1947), as amended, so as to change the maximum compensation of the chairman and members of the board of commissioners of Meriwether County; to provide for certain expenses; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 3932

Section 1. An Act providing for the compensation of the chairman and members of the board of commissioners of Meriwether County, approved February 25, 1949 (Ga. L. 1949, p. 1947), as amended, is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows: Section 1. The compensation of the chairman of the board of commissioners of Meriwether County shall be fixed by the board of commissioners at not more than $600.00 per month. In addition to the compensation provided for in this section, the chairman shall, upon prior approval of the board of commissioners, be reimbursed for actual expenses incurred in the performance of his duties outside of Meriwether County as chairman of the board of commissioners. Such expenses shall not be reimbursed without proper receipts. Section 2. Said Act is further amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. The compensation of the members, other than the chairman, of the board of commissioners of Meriwether County shall be fixed by the board of commissioners at not more than $500.00 per month. In addition to the compensation provided for in this section, each member of the board of commissioners shall, upon prior approval of the board of commissioners, be reimbursed for actual expenses incurred in the performance of his duties outside of Meriwether County as a member of the board of commissioners. Such expenses shall not be reimbursed without proper receipts. 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 3933

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to amend an Act providing for the compensation of the chairman and members of the board of commissioners of Meriwether County, approved February 25, 1949 (Ga. L. 1949, p. 1947), as amended; and for other purposes. This 13th day of January, 1989. HONORABLE LEONARD MEADOWS REPRESENTATIVE, 91st DISTRICT 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 20, 1989. /s/ Leonard R. Meadows Representative, 91st District

Page 3934

Sworn to and subscribed before me, this 25th day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 21, 1989. CITY OF SHELLMAN MAYOR AND COUNCIL; ELECTIONS; QUALIFICATIONS; OATHS; MEETINGS; MAYOR PRO TEMPORE. No. 78 (House Bill No. 498). AN ACT To amend an Act incorporating the City of Shellman in the County of Randolph approved September 5, 1883 (Ga. L. 1882-83, p. 318), as amended, particularly by an Act approved October 6, 1885 (Ga. L. 1884-85, p. 387), an Act approved February 17, 1950 (Ga. L. 1950, p. 2650), and by an Act approved February 18, 1959 (Ga. L. 1959, p. 2035), so as to change the provisions relating to the election of the mayor and councilmen; to provide for qualifications for office; to provide for oaths of office; to provide for meetings of the mayor and council; to provide for a mayor pro tempore; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act incorporating the City of Shellman in the County of Randolph approved September 5, 1883 (Ga. L. 1882-83, p. 318), as amended, particularly by an Act approved October 6, 1885

Page 3935

(Ga. L. 1884-85, p. 387), an Act approved February 17, 1950 (Ga. L. 1950, p. 2650), and by an Act approved February 18, 1959 (Ga. L. 1959, p. 2035), is amended by repealing in their entirety Sections 1 through 15 of the amendatory Act approved February 17, 1950 (Ga. L. 1950, p. 2050), and substituting in lieu thereof the following sections: Section 1. The governing authority of the City of Shellman shall be a mayor and council with the council consisting of five councilmen. The mayor and five councilmen holding office on the effective date of this section shall continue to hold office for the terms to which elected and until their successors are elected and qualified as provided in this Act. Section 2. On the Monday following the first Sunday in November, 1990, an election shall be held for the mayor and five councilmen. The mayor and councilmen so elected shall take office on the first Monday of December, 1990, for terms of office ending on December 31, 1993, and until their successors are elected and qualified. Their successors shall be elected at an election to be held on the Tuesday next following the first Monday in November, 1993, and shall take office on the first day of January immediately following their election for terms of two years and until their successors are elected and qualified. Thereafter, their successors and future successors shall be elected on the Tuesday next following the first Monday in November immediately preceding the expiration of terms of office and shall take office on the first day of January immediately following their election for terms of two years and until their successors are elected and qualified. Section 3. All elections for mayor and councilmen provided for in Section 2 of this Act shall be in the city at large and by plurality vote. In the elections for mayor, the candidate for mayor receiving the highest number of votes cast for mayor shall be the winner. In the elections for councilmen, the five candidates for councilman who receive the highest number of votes cast for councilman shall be the winners. All elections for mayor and councilmen shall be subject to the provisions of and shall be held and conducted in accordance with the provisions of Chapter 3 of Title 21 of the O.C.G.A., the `Georgia Municipal Election Code.' Plurality elections provided for in this section are pursuant to the specific authority of subsection (a) of Code Section 21-3-407 of the O.C.G.A.

Page 3936

Section 4. To be eligible for the office of mayor a person must be at least 25 years of age upon taking office, must have been a resident of the city for at least two years immediately preceding the date of taking office, and must be a qualified elector of the city. To be eligible for the office of councilman, a person must be at least 21 years of age upon taking office, must have been a resident of the city for at least one year immediately preceding the date of taking office, and must be a qualified elector of the city. The office of mayor or any councilman who moves his residence from the city during a term of office shall be declared vacant. Section 5. Before entering upon their duties following their election, the mayor and councilmen shall take and subscribe to the following oath, which may be administered by any person authorized by the laws of Georgia to administer oaths: `I do solemnly swear that I will faithfully and impartially discharge all the duties devolving upon me as mayor (or councilman, as the case may be) of the City of Shellman according to the best of my ability and understanding, so help me God.' Section 6. Regular meetings of the mayor and council shall be held in the council chamber on the first Monday in each month at which time all regular business concerning the welfare of the city shall be transacted. Special or called meetings may be held on the call of the mayor or on the call of three councilmen as the business of the city may require. Section 7. At the first regular meeting of the mayor and council which is held in January of each year, a member of the council shall be elected mayor pro tempore for a term of one year. In the absence or disqualification of the mayor or during a vacancy in the office of mayor, the mayor pro tempore shall be vested with all the authority of the mayor and shall execute all the duties of that office. Section 8. In the event of a vacancy in the office of mayor or councilman for any reason, such vacancy shall be filled by special election for the unexpired term. A person elected to fill a vacancy of a special election shall be elected by a plurality vote. Such special election shall be called and held as soon as practicable

Page 3937

after the occurrence of the vacancy in accordance with the the applicable provisions of Chapter 3 of Title 21 of the O.C.G.A., the `Georgia Municipal Election Code.' Section 2. Said 1950 amendatory Act is further amended by redesignating Sections 16 through 19 as Sections 9 through 12, respectively. 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 1989 session of the General Assembly of Georgia a bill to amend an Act incorporating the City of Shellman in the County of Randolph approved September 5, 1883 (Ga. L. 1882-83, p. 318), as amended; and for other purposes. This 12th day of January, 1989. /s/ Honorable Gerald E. Greene Representative, 130th District 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 Southern Tribune which is the official organ of Randolph County, on the following date: January 19, 1989. /s/ Gerald Greene Representative, 130th District

Page 3938

Sworn to and subscribed before me, this 27th day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 21, 1989. BROOKS COUNTY BOARD OF COMMISSIONERS; COMPENSATION. No. 79 (House Bill No. 512). AN ACT To amend an Act creating the board of county commissioners of Brooks County, approved August 11, 1881 (Ga. L. 1880-81, p. 518), as amended, particularly by an Act approved March 18, 1985 (Ga. L. 1985, p. 3706), so as to change the compensation of the chairman and the members of the board of county 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 county commissioners of Brooks County, approved August 11, 1881 (Ga. L. 1880-81, p. 518), as amended, particularly by an Act approved March 18, 1985 (Ga. L. 1985, p. 3706), is amended by striking in its entirety Section 2A and inserting in lieu thereof a new Section 2A to read as follows: Section 2A. The board of county commissioners of Brooks County shall determine the compensation of the chairman and members of the board except that the salary of the chairman

Page 3939

shall not exceed $600.00 per month and the salary of each of the other members of the board shall not exceed $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 given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to change the maximum compensation allowed members of the Board of Commissioners of Brooks County, Georgia. The maximum compensation allowed a member of the Board of Commissioners of Brooks County, Georgia, shall be changed from $200.00 per month to $400.00 per month and from $300.00 per month to $600.00 per month for the chairman of the board. This 10th day of January, 1989. /s/ Jerri D. Burch County Clerk GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Henry L. Reaves, who, on oath, deposes and says that he is Representative from the 147th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Quitman Free Press which is the official organ of Brooks County, on the following date: January 12, 1989. /s/ Henry L. Reaves Representative, 147th District

Page 3940

Sworn to and subscribed before me, this 30th day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 21, 1989. CITY OF KINGSLAND CORPORATE LIMITS. No. 80 (House Bill No. 523). 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, is amended by adding immediately following Section 1A a new Section 1B to read as follows: Section 1B. In addition to any territory lying within the corporate limits of the City of Kingsland, such corporate limits shall also include the following: That tract or parcel of land lying and being in the 1,606th Georgia Militia District, Camden County, Georgia; said tract or parcel containing 7.00 acres, more or less, and being more particularly described as follows:

Page 3941

`For a point of reference, commence at a concrete monument located where the Westerly right of way line of Harrietts Bluff Road (an 80.0 right of way) intersects with the Northerly right of way line of Colerain to St. Marys Road (an 80.0 right of way); and run South 71 44 49 West along said Northerly right of way line, a distance of 75.97 to the POINT OF BEGINNING. From the POINT OF BEGINNING thus described, continue South 71 44 49 West along said Northerly right of way, a distance of 400.0; run thence North 0 16 40 West, a distance of 810.01; run thence North 89 43 20 East, a distance of 439.87; run thence South 4 37 30 West, a distance of 689.08 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 given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to amend an act providing a new charter for the City of Kingsland, Georgia, approved August 15, 1987 (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 January, 1989. Keith Dixon Mayor GEORGIA, FULTON COUNTY

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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 which is the official organ of Camden County, on the following date: January 12, 1989. /s/ Harry D. Dixon Representative, 151st District Sworn to and subscribed before me, this 18th day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 21, 1989. LAMAR COUNTY WATER AND SEWER AUTHORITY CREATION. No. 81 (House Bill No. 551). AN ACT To create the Lamar County Water and Sewer Authority; to authorize the authority to acquire, construct, equip, operate, maintain, own, and improve self-liquidating projects embracing: sources of water supply; the treatment, distribution, and sale of water and related facilities to individuals, private concerns, municipal corporations, and governmental units; and the collection, treatment, and

Page 3943

disposal of sewage waste and any related facilities; to confer powers and impose duties on the authority; to provide for the membership and for the appointment of members of the authority and their terms of office; to provide for vacancies; to authorize the authority to contract with Lamar County and with others pertaining to water and sewerage facilities and to execute leases and do all things deemed necessary or convenient for the operation of such undertakings or projects; to authorize the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, charges, and earnings of the authority and to pay the cost of such undertakings or projects and authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds and to authorize the execution of trust indentures to secure the payment thereof and to define the rights of the holders of such obligations; to provide that no debt of Lamar County shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds and other obligations of the authority exempt from taxation; to provide for the authority to condemn property; to fix the venue or jurisdiction of actions relating to any provisions of this Act; to provide for severability; to provide for other matters relating 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. Short title. This Act shall be known and may be cited as the Lamar County Water and Sewer Authority Act. Section 2. (a) Lamar County Water and Sewer Authority. There is created a public body corporation to be called the Lamar County Water and Sewer Authority and by such 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 of law and equity, except that the authority or the trustee acting under any trust indenture shall in no event be liable for any torts committed by any of its officers, agents, or employees. (b) The authority shall consist of five members to be appointed by the governing authority of Lamar County. Three members shall be appointed for initial terms of three years and two members shall be appointed for initial terms of two years. Thereafter, all appointments shall be made for terms of three years and until the successor is appointed and qualified.

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(c) Immediately after the passage of this Act and the appointment of the members by the governing body of Lamar County, the members of the authority shall enter upon their duties, and as soon as it 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 chairman of the Lamar County Board of Commissioners shall not be authorized to 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. Three members of the authority shall constitute a quorum. No vacancy on the authority shall impair the authority of the quorum to exercise all of the rights and powers of and perform all of the duties and obligations of the authority. The appointing governing authority may provide for compensation for the services of the members it appoints in such amounts as it may deem appropriate; provided, however, that such members 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. Section 3. Vacancies. Any vacancy in the membership of the authority shall be filled for the remainder of the unexpired term by the governing authority of the county or municipality which appointed the member who has vacated his or her membership on the authority. Section 4. Definitions. As used in this Act, the term: (1) Authority means the Lamar County Water and Sewer Authority created by Section 2 of 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, and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expense; and such other expenses as may be necessary or incident to the financing authorized in this Act, the construction

Page 3945

of the project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. The cost of any project may also include a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, and such other reserves as may be reasonably required by the authority with respect to the financing and operating of its projects and as may be authorized by any bond resolution or trust agreement or indenture pursuant to the provisions of which the issuance of any bonds may be authorized. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project. (3) Project means and includes the acquisition and construction of systems, plants, works, instrumentalities, and properties: (A) used or useful in connection with the obtaining of a water supply and the conservation, treatment, distribution, and sale of water for public and private uses; or (B) used or useful in connection with the collection, treatment, and disposal of sewage and waste; together with all parts of any such system, plant, work, instrumentality, and property and all appurtenances thereto, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, dams, reservoirs, generating stations, sewage disposal plants, intercepting sewers, trunk-connecting and other sewers and water mains, filtration works, pumping stations, and equipment. (4) Revenue bonds and bonds means revenue bonds authorized to be issued pursuant to this Act, and revenue bonds may be issued by the authority as authorized in this Act without any other actions or proceedings. (5) Self-liquidating means any project which, in the sole judgment of the authority, the revenues and earnings to be derived by the authority therefrom, including but not limited to any contractual payments, and all properties used, leased, and sold in connection therewith, together with any grants, will be sufficient to pay the cost of operating, maintaining, repairing, improving, and extending the project and to pay the principal and interest of the revenue bonds which may be issued for the cost of such project or projects.

Page 3946

Section 5. 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, gift, or otherwise, and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act; and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the action or proceedings as may be just to the authority and to the owners of the property to be condemned, provided no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or encumbrance; (4) To enter into an agreement with Lamar County or with any other political subdivision or municipal corporation of the state with respect to acquiring a source of water supply; providing sewerage service, preparing engineering data, plans, and specifications for a water and sewerage system; extending water mains; apportioning the costs of constructing, extending, and maintaining a water or sewerage system, or both; providing for the testing and inspection of facilities constructed; providing for rates to be charged for water and sewerage services furnished to users of such system; providing for the reading of meters and keeping of pertinent records; or apportioning or designating the responsibility for any functions normally maintained by a water and sewerage system at the most reasonable cost possible;

Page 3947

(5) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and fix their respective compensations; (6) To make contracts and leases and to execute all instruments necessary or convenient thereto, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and any and all persons, firms, and corporations and any and all political subdivisions, departments, institutions, or agencies of the state and all special districts and all municipal corporations located in Lamar County 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 this paragraph, authority is specifically granted to municipal corporations, special districts, and counties and to the authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing of water and sewerage service and facilities or either of them by the authority to such municipal corporations, special districts, and counties to the authority for a term not exceeding 50 years. As to any political subdivision, department, institution, or agency of this state and all special districts and municipal corporations located in Lamar County which shall enter into an agreement under the authority granted in this paragraph or in paragraph (4) of this section, the obligation to perform and fulfill such agreement shall constitute a general obligation of such entity for which its full faith and credit shall be and is pledged; (7) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as defined in this Act, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the authority or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency, instrumentality, or political subdivision thereof; (8) To make loans with, and accept grants or loans of money or materials or property of any kind from, the United

Page 3948

States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may impose; (9) To make loans with, and accept grants or loans of money, materials, or property of any kind from, the State of Georgia or any agency, instrumentality, or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency, instrumentality, or political subdivision may impose; (10) To borrow money for any of its corporate purposes, to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (11) To exercise any power usually possessed by private corporations performing similar functions, including the power to make short-term loans and to approve, execute, and deliver appropriate evidence of any such indebtedness, provided no such power is in conflict with the Constitution or general laws of this state; and (12) To do all things necessary or convenient to carry out the powers expressly given in this Act. Section 6. Financing projects. The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created in this Act, shall have power and is authorized at one time, or from time to time, to borrow money for the purpose of paying all or any part of the cost, as defined in this Act, of any one or more projects and to provide by resolution for issuance of negotiable revenue bonds for that purpose. 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 mature at such time or times not exceeding 30 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. The interest rate or rates to be borne by any bonds and the time of payment of

Page 3949

such interest shall be fixed, and with respect to any interest rate which floats in response to a variable, the method of calculation shall be fixed by the authority in the resolution providing for the issuance of all bonds. Any bonds issued by the authority shall be exempt from all laws of the State of Georgia governing usury or prescribing or limiting interest rates to be borne by bonds or other obligations. Section 7. Revenue bonds; form; denominations; registration; place of payment. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company 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 registration, conversion, and exchangeability privileges and for rights of redemption and may contain such other terms, covenants, assignments, and conditions as the resolution or resolutions authorizing the issuance of such bonds may provide. Section 8. Same; signatures; seals. All such bonds shall bear the manual or facsimile signature of the chairman or vice chairman of the authority and the attesting manual or facsimile signature of the secretary, assistant secretary, or secretary-treasurer of the authority, and the official seal of the authority shall be affixed thereto, either manually or by facsimile. The signature of one of such officers shall be placed manually on each bond. Any coupons attached thereto shall bear the manual or facsimile signatures of the chairman or vice chairman and the secretary, assistant secretary, or secretary-treasurer of the authority. Any coupon may bear the facsimile signature of and may be manually signed, sealed, and attested on behalf of the authority by those persons who at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of issuance of such bonds such persons may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any bond or on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes, the same as if he had remained in office until such delivery. Section 9. 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

Page 3950

instruments under the laws of the State of Georgia pertaining to negotiable instruments. Such bonds are declared to be issued for an essential public and governmental purpose and the said bonds, their transfer, and the income therefrom shall be exempt from all taxation within the state. Section 10. Same; sale; price. The authority may sell such bonds in such manner and for such price as it may determine to be in the best interest of the authority. Section 11. Same; proceeds of bonds. The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects, and unless otherwise provided in the resolution authorizing the issuance of the bonds or in any trust indenture, additional bonds may in like manner be issued to provide the amount of any deficit, which, unless otherwise provided in the resolution authorizing the issuance of the bonds or in any trust indenture, shall be deemed to be of the same issue and shall be entitled to pay from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be used for paying the principal of and the interest on such bonds. Section 12. Same; interim receipts and certificates or temporary bonds. Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter. Section 13. Same; replacement of lost or mutilated bonds. The authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Section 14. Same; conditions precedent to issuance; object of issuance. Such revenue bonds may be issued without any other proceedings or the happening of any conditions or things other than those proceedings, conditions, and things which are specified or required by this Act. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such

Page 3951

resolution may be passed at any regular, special, or adjourned meeting of the authority by a majority of the quorum as provided in this Act. Section 15. Same; credit not pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the State of Georgia or Lamar County nor a pledge of the faith and credit of such state or 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 such state or 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 provisions enumerated in this section. Section 16. Same; trust indenture as security. In the discretion of the authority, any issue of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank inside or outside the state having the powers of a trust company. Such trust indenture may pledge or assign fees, tolls, charges, revenues, and earnings to be received by the authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insurance of the project, and the custody, safeguarding, and application of all moneys; 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 shall be satisfactory to the original purchasers of the bonds issued therefor; may also require that the security given by contractors and by any depositary of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers; and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depositary and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders

Page 3952

as is customary in trust indentures securing bonds and debentures of private corporations. In addition, 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 17. Same; to whom proceeds of bond shall be paid. The authority shall, in the resolution providing for the issuance of revenue bonds or in any trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who or any agency, bank, or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes of this Act, subject to such regulations as this Act and such resolution or trust indenture may provide. Section 18. Same; sinking fund. The revenues, fees, tolls, charges, and earnings derived from any particular project or projects, regardless of whether or not such fees, tolls, charges, earnings, and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged and allocated together with any grant funds, may be pledged and allocated by the authority to the payment of the principal of and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or the trust indenture may provide, and such funds so pledged from whatever source received, which 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 shall be pledged to and charged with the payment of: (1) the interest on such revenue bonds as such interest shall fall due; (2) the principal of the bonds as the same shall fall due; (3) the necessary charges of paying agents for paying principal and interest; and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in any trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or of any trust indenture, surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds,

Page 3953

and any such bonds so purchased or redeemed shall immediately be canceled and shall not again be issued. Section 19. Same; remedies of bondholders. Any holders 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 given in this Act may be restricted by resolution passed before the issuance of the bonds or by any trust indenture, may, either at law or in equity, by 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, to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished. Section 20. Same; refunding bonds. The authority is authorized to provide by resolution for the issuance of refunding bonds of the authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon, and to refund any revenue bonds issued by any city, county, or authority with respect to any facilities to be acquired by the authority from any such city, county, or authority. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same shall be governed by the provisions of this Act insofar as such provisions may be applicable. Section 21. Same; venue and jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any action against such authority shall be brought in the Superior Court of Lamar County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in such court, which shall have exclusive, original jurisdiction of such actions. Section 22. Same; validation. Bonds of the authority shall be confirmed and validated in accordance with the procedure provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law, as now or hereafter amended. The petition for

Page 3954

validation shall also make party defendant to such action any municipality, county, authority, subdivision, or instrumentality of the State of Georgia or any other party which has contracted with the authority to furnish or receive the services and facilities of the water and sewerage system for which bonds are to be issued and sought to be validated, and such municipality, county, authority, subdivision, or instrumentality or other party shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the authority. The bonds when validated and the judgment of validation shall be final and conclusive with respect to such bonds, against the authority issuing the same, and any municipality, county, authority, subdivision, instrumentality, or other party contracting with the authority. Section 23. 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 any manner that will affect adversely the interests and rights of the holders of such bonds, and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interests and rights of the holders of such bonds. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds, and upon the issuance of bonds under the provisions of this Act shall constitute a contract with the holders of such bonds. Section 24. Moneys received considered trust funds. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as proceeds of short-term loans, as grants or other contributions, or as revenues, fees, and earnings shall be deemed to be trust funds to be held and applied solely as provided in this Act. Section 25. 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, equipping, constructing, maintaining, and operating adequate water supply, treatment, and distribution facilities and sewerage collection, treatment, and distribution facilities; making such facilities and the services thereof

Page 3955

available to public and private consumers and users located in Lamar County and its environs, including municipalities inside or outside such county, and to adjoining counties; extending and improving such facilities; and doing all things deemed by the authority necessary, convenient, and desirable for and incident to the efficient and proper development and operation for such type of undertakings. Section 26. 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 and sewerage system, and to pledge to the punctual payment of such bonds and interest thereon all or any part of the revenues of such undertaking or project, including the revenues of improvements, betterments, or extensions thereto thereafter made. Section 27. Tax-exempt status of authority. The properties of the authority, both real and personal, are declared to be public properties used for the benefit and welfare of the people of the State of Georgia and not for purposes of private or corporate benefit and income, and such properties and the authority shall be exempt from all taxes and special assessments of any city, county, or the state or any political subdivision thereof. Section 28. Rules and regulations for operation of projects. It shall be the duty of the authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this Act. Section 29. Powers declared supplemental and additional. The provisions of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized by this Act 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 30. Liberal construction of Act. This Act, being for the welfare of various political subdivisions of this state and its inhabitants, shall be liberally construed to effect the purposes of this Act.

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Section 31. 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 any competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Section 32. Other existing powers and authority. This Act does not in any way take from Lamar County or any municipality located therein or in any adjoining county the authority to own, operate, and maintain water systems or issue revenue bonds as is provided by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law. Section 32. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 33. 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 1989 Session of the General Assembly of Georgia a bill to create the Lamar County Water and Sewer Authority; to provide for its membership, powers, duties and authority; to provide for all matters relative to the foregoing; and for other purposes. This 10th day of January, 1989. /s/ Larry Smith Representative, 78th District GEORGIA, FULTON COUNTY

Page 3957

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 18, 1989. /s/ Larry Smith Representative, 78th District Sworn to and subscribed before me, this 30th day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 21, 1989. CITY OF GAINESVILLE CITY COMMISSIONERS; TERMS; ELECTION DATE. No. 82 (House Bill No. 558). AN ACT To amend an Act creating a new charter for the City of Gainesville, approved April 11, 1979 (Ga. L. 1979, p. 3302), as amended, so as to change the election and terms of office of the city commissioners; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a new charter for the City of Gainesville, approved April 11, 1979 (Ga. L. 1979, p. 3302), as amended, is amended by striking subsection (a) of Section 6.11 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) The regular municipal election date for the City of Gainesville shall be the Tuesday next following the first Monday in November, 1991, and biennially thereafter. Section 2. Said Act is further amended by striking subsections (a), (b), (c), and (d) of Section 6.13 in their entirety and inserting in their place new subsections (a), (b), (c), and (d) to read as follows: (a) At the regular election in 1989, two commissioners shall be elected to succeed the commissioners from Wards One and Four whose terms expire December 31, 1989. Said commissioners shall take office on January 1, 1990, for terms of four years and until their successors are elected and qualified. (b) At the regular election in 1990, two commissioners shall be elected to succeed the commissioners from Wards Two and Three whose terms expire December 31, 1990. Said commissioners shall take office January 1, 1991, for initial terms of five years, expiring December 31, 1995, and until their successors are elected and qualified. Their successors shall be elected at the regular election in 1995 for terms of four years and until their successors are elected and qualified. (c) At the regular election in 1991, a commissioner shall be elected to succeed the commissioner from Ward Five whose term expires December 31, 1991. Said commissioner shall take office January 1, 1992, for a term of four years and until a successor is elected and qualified. (d) Successors to the commissioners elected from Wards One through Five as provided in subsections (a), (b), and (c) of this section shall be elected at the city election immediately preceding the expiration of the respective terms of office and shall take office on the first day of January immediately following

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their election for terms of four years and until their successors are elected and qualified. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Gainesville, approved April 11, 1979 (Ga. L. 1979, P. 3302), as amended; to change certain provisions relating to election of commissioners; to repeal conflicting laws; and for other purposes. This 17 day of January, 1989 Clarence Shore, Secretary to Commission GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby Lawson, 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: January 19, 1989. /s/ Bobby Lawson Representative, 9th District

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Sworn to and subscribed before me, this 30th day of Janaury, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 21, 1989. CITY OF GILLSVILLE CITY COUNCIL; ORGANIZATIONAL MEETING; ELECTIONS; TERMS OF MAYOR AND COUNCIL. No. 83 (House Bill No. 571). AN ACT To amend an Act creating a new charter for the City of Gillsville, approved April 11, 1979 (Ga. L. 1979, p. 3421), as amended, so as to require the city council to hold an organizational meeting in January following each general municipal election; to change the day of elections; to change the terms of office of the mayor and members of the council; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a new charter for the City of Gillsville, approved April 11, 1979 (Ga. L. 1979, p. 3421), as amended, is amended by striking Section 2.8 in its entirety and substituting in lieu thereof a new Section 2.8 to read as follows: Section 2.8. Organizational meeting. The city council shall hold an organizational meeting in January following each general

Page 3961

municipal election. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members as follows: `I do solemnly swear (or affirm) that I will faithfully perform the duties of (mayor or council member as the case may be) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America.' Section 2. Said Act is further amended by striking Section 5.1 in its entirety and substituting in lieu thereof a new Section 5.1 to read as follows: Section 5.1. Applicability of general law. All primaries and elections shall be held and conducted in accordance with the ordinances of the city and Chapter 3 of Title 21 of the O.C.G.A., known as the `Georgia Municipal Election Code,' as now or hereafter amended. Section 3. Said Act is further amended by striking Section 5.2 in its entirety and substituting in lieu thereof a new Section 5.2 to read as follows: Section 5.2. Regular elections; time for holding; election by majority. (a) (1) On Tuesday next following the first Monday in November, 1989, and on that day every two years thereafter there shall be a general municipal election for successors to the mayor and the other members of the city council whose terms of office expire the following January. (2) The mayor shall be elected at the general municipal election conducted in 1989 and quadrennially thereafter. (3) (A) For the purpose of electing members of the city council, the City of Gillsville shall consist of one election district with five numbered posts designated as Posts 1 through 5, respectively. Persons seeking election to the council shall select the post for which they offer as a candidate.

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(B) The members of the city council representing Posts 1 and 2 shall be elected at the general municipal election in 1989 and quadrennially thereafter. (C) The members of the city council representing Posts 3, 4, and 5 shall be elected on Tuesday next following the first Monday in November, 1990, and shall serve until the organizational meeting in January, 1996. Successors to the members of the city council representing Posts 3, 4, and 5 shall be elected at the general municipal election in November, 1995, and quadrennially thereafter. (4) The terms of office of the mayor and the other members of the city council shall commence at the time of taking the oath of office as provided in Section 2.8 of this charter and they shall serve until their successors are duly elected and qualified. (b) (1) The candidate receiving a majority of the votes cast shall be declared the winner of the elective city office such candidate is seeking. (2) In the event that no candidate receives a majority of the votes cast, a run-off election shall be held and conducted in accordance with the ordinances of the city and Chapter 3 of Title 21 of the O.C.G.A., known as the `Georgia Municipal Election Code,' as now or hereafter amended. (3) In the event of a tie between the two candidates receiving the highest number of votes, a special election shall be held and conducted in accordance with the ordinances of the city and Chapter 3 of Title 21 of the O.C.G.A., known as the `Georgia Municipal Election Code,' as now or hereafter amended. Section 4. 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 1989 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Gillsville, approved April 11, 1979 (Ga. L. 1979, P. 3421), as amended, so as to require the City Council to hold an organizational meeting in January following each general municipal election; to change the day of elections; to change the terms of office of the mayor and members of the council; to provide for related matters; and for other purposes. This 18th day of January, 1989. Henry House. 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: January 20, 1989. /s/ Jerry D. Jackson Representative, 9th District

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Sworn to and subscribed before me, this 24th day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 21, 1989. HEARD COUNTY COMMISSIONER; COMPENSATION. No. 84 (House Bill No. 578). AN ACT To amend an Act to create the office of commissioner of Heard County, approved April 17, 1975 (Ga. L. 1975, p. 4433), as amended by an Act approved March 13, 1978 (Ga. L. 1978, p. 3244), an Act approved March 24, 1981 (Ga. L. 1981, p. 3184), an Act approved March 14, 1983 (Ga. L. 1983, p. 3980), and an Act approved February 12, 1985 (Ga. L. 1985, p. 3511), so as to change the compensation of the commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act to create the office of commissioner of Heard County, approved April 17, 1975 (Ga. L. 1975, p. 4433), as amended by an Act approved March 13, 1978 (Ga. L. 1978, p. 3244), an Act approved March 24, 1981 (Ga. L. 1981, p. 3184), an Act approved March 14, 1983 (Ga. L. 1983, p. 3980), and an Act approved February 12, 1985 (Ga. L. 1985, p. 3511), is amended by striking from Section 8 the following:

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$30,000.00, and inserting in its place the following: $35,000.00, so that when so amended Section 8 shall read as follows: Section 8. The commissioner shall devote his full time to the office of commissioner of Heard County, Georgia, and shall faithfully, honestly, and diligently apply himself to conducting the business and financial affairs of Heard County for which he shall be compensated in the amount of $35,000.00 per year, such sum to be paid in equal monthly installments from the funds of Heard County. A vehicle belonging to the county shall be furnished to the commissioner, such vehicle to be used for county governmental purposes only, and the cost of gas, oil, repairs, and maintenance shall be paid from the funds of Heard County. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without 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 1989 session of the General Assembly of Georgia a bill to amend an Act to create the office of the commissioner of Heard County, approved April 17, 1975 (Ga. L. 1975, p. 4433), as amended, so as to change the compensation of the commissioner; and for other purposes. This 11th day of January, 1989.

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/s/ J. Crawford Ware Honorable J. Crawford Ware Representative, 77th District 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: January 25, 1989. /s/ J. Crawford Ware Representative, 77th District Sworn to and subscribed before me, this 31st day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 21, 1989.

Page 3967

CATOOSA COUNTY CATOOSA COUNTY WATER AND SEWER DISTRICT CHANGED TO CATOOSA UTILITY DISTRICT. No. 85 (House Bill No. 583). 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, so as to change the name of the Catoosa County Water and Sewer District to the Catoosa Utility District; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a board of utilities commissioners for Catoosa County, Georgia, approved March 17, 1956 (Ga. L. 1956, p. 3499), as amended, is amended by adding, following Section 1 of said Act, a new Section 1.1 to read as follows: Section 1.1. Effective May 1, 1989, the Catoosa County Water and Sewer District is renamed and shall be known as the Catoosa Utility District. The change in the name of such district as provided by this section shall not affect the rights, duties, powers, obligations, contracts, or membership of the board or the district. All references in this Act or in any other document to the Catoosa County Water and Sewer District shall be amended to refer to the Catoosa Utility District. Section 2. This Act shall become effective on May 1, 1989. Section 3. All laws and parts of laws in conflict with this Act are repealed.

Page 3968

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced, local legislation to change the jurisdiction description title of the Catoosa County Water and Sewer District to the new jurisdiction description title: Catoosa Utility District; at the January, 1989 Session of the General Assembly for the State of Georgia. This 16th day of January, 1989. McCracken Poston, Jr., State Representative District 2, Catoosa County, Georgia. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, McCracken Poston, Jr., who, on oath, deposes and says that he is Representative from the 2nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Catoosa County News which is the official organ of Catoosa County, on the following date: January 25, 1989. /s/ McCracken Poston, Jr. Representative, 2nd District Sworn to and subscribed before me, this 1st day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 21, 1989.

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CITY OF CORDELE CITY COMMISSION; ELECTIONS; TERMS; MUNICIPAL COURT. No. 86 (House Bill No. 615). AN ACT To amend an Act reincorporating the City of Cordele and providing a new charter for said city, approved April 28, 1969 (Ga. L. 1969, p. 3806), as amended, so as to change the provisions relating to the election and terms of office of the members of the City Commission; to revise completely the provisions relating to the court of said city and to provide for a municipal court; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act reincorporating the City of Cordele and providing a new charter for said city, approved April 28, 1969 (Ga. L. 1969, p. 3806), as amended, is amended by striking Sections 2.10 and 2.11 in their entirety and substituting in lieu thereof new Sections 2.10 and 2.11 to read as follows: Section 2.10. Composition and Election. (a) The legislative authority of the government of the City of Cordele shall be vested in a City Commission of five commissioners. The members of the City Commission holding office shall continue to serve until successors are elected as provided in this section and in Section 2.11. (b) The Chairman of the City Commission shall be elected at large beginning in 1989, and the four other commissioners shall be elected from four wards of the City being numbered and described as follows:

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WARD 1 All property within the corporate limits of the City of Cordele bounded South by 17th Avenue; and East by 7th Street running North from 17th Avenue to its intersection with U.S. Highway 41 North, thence Northward along U.S. Highway 41 North; WARD 2 All property within the corporate limits of the City of Cordele bounded North by 17th Avenue; and East by 7th Street from 17th Avenue South to 24th Avenue, thence West along said 24th Avenue to 11th Street, thence South along said 11th Street; WARD 3 All property within the corporate limits of the City of Cordele bounded South by 18th Avenue running East from 7th Street to Pecan Street, thence North along Pecan Street to 16th Avenue, thence East along 16th Avenue; and bounded West by 7th Street running North from 18th Avenue to its intersection with U. S. Highway 41 North, thence North along said U.S. Highway 41 North; WARD 4 All property within the Corporate limits of the City of Cordele bounded North by 18th Avenue running East from 7th Street to Pecan Street, thence North along Pecan Street to 16th Avenue, thence East along 16th Avenue; and bounded West by 7th Street running South along said 7th Street to 24th Avenue, thence West along 24th Avenue to 11th Street, thence South along 11th Street. (c) The Chairman and the four other commissioners shall be elected in the manner provided by Chapter 6 of this Charter. Section 2.11. (a) Terms and Qualifications of Office. The members of the City Commission shall serve for terms as follows:

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ELECTION YEAR POSITION TERM 1988 Ward 2 5 Years 1989 At Large 4 Years 1990 Ward 4 5 Years All election years thereafter All 4 Years (b) The chairman and other members of the City Commission shall serve for terms as provided in subsection (a) of this section and until their successors are elected and qualified. No person shall be qualified or eligible to seek election as city commissioner unless he or she shall have resided in the city for one year immediately preceding his or her election and shall be registered and qualified to vote in municipal elections for offices in the City of Cordele and shall be 21 years of age. Section 2. Said Act is further amended by striking Section 6.01 in its entirety and substituting in lieu thereof a new Section 6.01 to read as follows: Section 6.01. Elections. (a) City Commissioners shall be required to reside within the respective election districts or wards from which they are elected at the time they qualify to run for a Commission position. The member elected at large shall be required to reside within the corporate limits of the City of Cordele, Georgia, and the entire city comprises his or her election district. In the event a person moves his or her residency outside the election district or ward from which the individual was elected during the term of office, the position shall be declared vacant at the next regularly scheduled meeting of the City Commission and said vacancy shall be filled as provided by Section 2.15 of this Act. (b) All municipal elections shall be held at the Community Clubhouse, a centrally located City facility on the block bounded by Sixth and Seventh Streets and Fifteenth and Sixteenth Avenues. (c) The City Commission shall exercise all powers granted to it by Chapter 3 of Title 21 of the O.C.G.A., the `Georgia

Page 3972

Municipal Election Code,' as hereafter may be amended or modified, and shall perform all the duties imposed upon it thereby, applying to any general or special election to fill any municipal office and to any general or special municipal primary, if any, to nominate candidates for such office, to any election to submit a question to the people, and to any other purpose whatsoever. Section 3. Said Act is further amended by striking Chapter 7 in its entirety and substituting in lieu thereof a new Chapter 7 to read as follows: CHAPTER 7 MUNICIPAL COURT Section 7.01. Creation. There is established a court to be known as the Municipal Court of the City of Cordele, which shall have jurisdiction and authority to try offenses against the laws and ordinances of such city and to punish for a violation of the same. Such court shall have the power to enforce its judgments by the imposition of such penalties as may be provided by the laws of Georgia, to subpoena witnesses, to punish witnesses for nonattendance, and to try all offenses occurring within the territorial limits of the City of Cordele including cases which under the laws of Georgia are now or hereafter 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. The presiding officer of such court shall be known as the Judge of the Municipal Court. Said court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof. Section 7.02. Judge of the Municipal Court. (a) No person shall be qualified or eligible to serve as Judge unless he shall have attained the age of 25 years, be a member of the State Bar of Georgia, and have practiced law in the City for at least one year immediately preceding his appointment and shall continue to practice law within the City during his term of office. At the first regular meeting in January of each year the City Commission shall appoint the Judge who shall serve for a term of one year and until his successor is appointed and qualified. The City Commission shall also fill any vacancy or unexpired term of such office. The compensation of the Judge shall be fixed by the City Commission.

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(b) Before entering on the duties of his office, the Judge shall take an oath before some officer duly authorized to administer oaths that he will truly, honestly, and faithfully discharge the duties of his office to the best of his ability without fear, favor, or partiality. This oath shall be entered upon the minutes of the City Commission. Section 7.03. Jurisdiction. The Judge of the Municipal Court shall have power to impose fines for the violation of any law or ordinance of the City of Cordele passed in accordance with this Charter to an amount not to exceed $1,000.00, to imprison offenders for a period of not more than six months, or to sentence offenders to community service work for a period of not more than six months; and the 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 of justify. Said Judge shall have the authority to inflict a punishment for contempt by imposing a fine of not more than $250.00 or imprisonment not exceeding 30 days or any combination of the two. He shall have the authority of a magistrate so far as to enable him to issue warrants for criminal offenses committed within the limits of the City of Cordele, which warrants may be executed by any police officer of said city, to hold committal hearings, and to commit offenders to jail or admit them to bail in bailable cases for their appearance at the next term of court of competent jurisdiction. Except as may be herein 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 Cordele. The Municipal Court of the City of Cordele is specifically vested with all jurisdiction and powers throughout the entire area within the corporate limits granted by state laws generally to municipal courts, as such laws presently exist or may hereafter be amended. Section 7.04. Right of Certiorari. The right of certiorari to the Superior Court of Crisp County shall lie in the same manner and under the same procedure as prescribed for certiorari to the magistrate courts of the state. Section 7.05. Vacancy in Office. In the absence, sickness, or disqualification of the Judge or vacancy in such office, a Judge pro tempore appointed by the City Commission who shall have the same qualifications as set out in Section 7.02 of this Act, may preside over the Municipal Court and hear and try all cases

Page 3974

therein and, in the performance of said office, shall be clothed with the same powers and authority as are granted the Judge under this Charter and the laws of the State of Georgia. The City Commission may provide compensation of any such person so appointed. Section 7.06. Court Costs. In all cases in the Municipal Court of the City of Cordele, the costs incurred and allowable therein shall be computed under the provisions of the laws of the State of Georgia fixing costs in the Magistrate Courts of said state. Section 7.07. Rules for Court. With the approval of the City Commission, the Judge shall have full power and authority to make rules and regulations necessary and proper to secure the efficient and successful administration of the business of said court; provided, however, the rules of evidence applicable to the superior courts of this state shall apply in the Municipal Court of the City of Cordele. There shall be separate dockets for the trial of traffic cases and criminal matters which may be heard at different times, and such dockets may be maintained by computer records. A record of every gun, pistol, rifle, or other deadly weapon coming into the possession of the police shall be kept, giving its complete description, make, serial number or other identification, and the final disposition thereof. 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 1989 session of the General Assembly of Georgia a bill to amend an Act reincorporating the City of Cordele and providing a new charter for said city, approved April 28, 1969 (Ga. L. 1969, p. 3806), as amended; and for other purposes.

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This 17th day of January, 1989. A. J. Rivers Vice-Chairman of the City Commission, City of Cordele, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard H. Rainey, who, on oath, deposes and says that he is Representative from the 135th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cordele Dispatch which is the official organ of Crisp County, on the following date: January 25, 1989. /s/ Howard H. Rainey Representative, 135th District Sworn to and subscribed before me, this 2nd day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 21, 1989.

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DOUGLASVILLE-DOUGLAS COUNTY WATER AND SEWER AUTHORITY MEMBERS. No. 87 (House Bill No. 652). 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 the provisions relating to appointment of new members to the water and sewer authority board of directors; to repeal conflicting laws and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 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 in its entirety subsection (b) of Section 3 and inserting in lieu thereof a new subsection (b) to read as follows: (b) The authority board of directors shall be composed of seven members, five to be appointed by mutual agreement and decision of the mayor of the City of Douglasville and the chairman of the Douglas County Board of Commissioners, and the mayor and chairman serving as ex officio members with full voting rights as members of the authority. The five appointed members shall be selected by the following method: the mayor of the City of Douglasville and the chairman of the Douglas County Board of Commissioners shall each select ten prospective members, two each from each of the five general school districts in Douglas County as constituted on March 7, 1985. By mutual agreement and process of elimination, the mayor and the chairman shall arrive at a total of five members, one from each of the five school districts, to serve staggered terms as follows: one member for one year, one member for two years, one member for three years, one member for four years, and one member for five years. After completion of the initial terms specified in this section, each term shall be for a period of five years. The mayor and chairman shall be voting members of the board of directors

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by virtue of their elected positions without regard to term length. Members appointed prior to the effective date of this subsection shall be considered as appointed in accordance with this section. At the end of the term of office of any member so appointed or in the event of the death, removal, or resignation of any member prior to the conclusion of his or her term in office, the successor member shall be appointed on a rotating basis by either the mayor and council for the City of Douglasville or Douglas County Board of Commissioners using the procedure outlined in this subsection. The City of Douglasville and the Douglas County Board of Commissioners shall rotate in the position of originating governing body, which body shall compile a list of qualified applicants to be submitted to the appointing governing body for consideration. Thirty days prior to the normal expiration of a member's term or within 30 days following the death, removal, or resignation prior to the completion of the term of office, the originating body shall provide to the appointing body a list nominating a maximum of three competent, qualified persons to be considered for appointment to serve on the authority board of directors, one of whom may be the individual whose term is expiring. The appointing body may by majority vote choose to make an appointment from the list of names so provided within 30 days from receipt of the names. Failure of the appointing body to select a nominee by resolution adopted by majority vote in the specified time period or rejection of the names so provided shall require the appointing body to compile a list of a maximum of three names to be submitted to the originating body for its consideration. The originating body may make an appointment from such list of persons by majority vote. Failure of the originating body to make an appointment from this list shall require the two lists of names compiled by the originating body and the appointing body to be combined and submitted to the seniro judge of the Superior Court of Douglas County. The senior judge shall make an appointment from the combined lists. Appointees to the authority shall represent the county at large, shall be appointed without regard to school districts, and shall be selected on the basis of competence and fair representation of the varied interests of the entire county. The mayor and council of the City of Douglasville shall begin as the originating governing body in the process described in this subsection following the effective date of the enactment of this subsection. Normal terms for all appointed members of the authority board of directors shall commence on April 3 and terminate on April 2 of the year in

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which the term of office expires. If at the end of any term of office of any member a successor thereto shall not have been elected, then the member whose term of office shall have expired shall continue to hold office and be a full voting member until his or her successor shall be so elected. Section 2. All laws and parts of laws in conflict with this Act are repealed. LEGAL NOTICE NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 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 (Ga. L. 1985, p. 3584), as amended; and for other purposes. This 12th day of January, 1989. /s/ Thomas M. Kilgore GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas M. Kilgore, who, on oath, deposes and says that he is Representative from the 42nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Douglas County Sentinel which is the official organ of Douglas County, on the following date: January 17, 1989. /s/ Thomas M. Kilgore Representative, 42nd District

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Sworn to and subscribed before me, this 3rd day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 21, 1989. COLUMBUS, GEORGIA COUNCILORS; TERMS. No. 88 (House Bill No. 664). AN ACT To amend an Act providing a charter for the county-wide government of Columbus, Georgia, approved October 5, 1971 (Ga. L. 1971, Ex. Sess., p. 2007), as amended, so as to establish the commencement date of the terms of office of councilors following an election; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing a charter for the county-wide government of Columbus, Georgia, approved October 5, 1971 (Ga. L. 1971, Ex. Sess., p. 2007), as amended, is amended by striking the second sentence of subsection (1) of Section 3-100, which reads as follows: The terms of councilors shall be four years commencing on the first regular meeting held during the first week following the first Monday in January next following their election except that a councilor selected to fill a vacancy shall serve only for the remainder of the unexpired term.,

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and inserting in its place a new second sentence to read as follows: The terms of councilors shall be four years commencing on the regular meeting time set by the Council within seven days following the first Monday in January next following their election except that a councilor selected to fill a vacancy shall serve only for the remainder of 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 hereby given that there will be introduced at the regular 1989 session of the General Assembly of Georgia, a bill to amend Columbus Charter Section 3-100(1) so that the terms of councilors shall commence at the regular meeting time set by the Council within seven days following the first Monday in January next following their election and thereby coincide with the organizational meeting time established in Columbus Charter Section 3-103(1). This 30th day of January, 1989. Thomas B. Buck, III 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-Enquirer which is the official organ of Muscogee County, on the following date: January 30, 1989.

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/s/ Thomas B. Buck III Representative, 95th District Sworn to and subscribed before me, this 1st day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 21, 1989. COLUMBUS, GEORGIA PERSONNEL REVIEW BOARD; ALTERNATE MEMBERS. No. 89 (House Bill No. 665). AN ACT To amend an Act providing a charter for the county-wide government of Columbus, Georgia, approved October 5, 1971 (Ga. L. 1971, Ex. Sess., p. 2007), as amended, so as to provide for five alternate members of the Personnel Review Board and authorize alternate members to act as regular members under certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing a charter for the county-wide government of Columbus, Georgia, approved October 5, 1971 (Ga. L. 1971, Ex. Sess., p. 2007), as amended, is amended by adding at the end of Section 4-610 an unnumbered paragraph to read as follows:

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The Personnel Review Board shall consist of five regular members and five alternate members. Each alternate member shall be designated as the alternate for a particular regular member. In the absence of any regular member, the alternate so designated for his or her place shall sit as a substitute for said absent member and shall be empowered to act as a regular member until such time as the proceedings begun in the absence of the regular member are concluded. 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 1989 session of the General Assembly of Georgia, a bill to amend Columbus Charter Section 4-610 (Personnel Review Board) so as to add an additional unnumbered paragraph to said section that will create five alternate members of the Board empowered to act in the absence of the particular regular member of the Board for whom said alternate is designated. This 30th day of January, 1989. Thomas B. Buck, III 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-Enquirer which is the official organ of Muscogee County, on the following date: January 30, 1989.

Page 3983

/s/ Thomas B. Buck III Representative, 95th District Sworn to and subscribed before me, this 1st day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 21, 1989. NEWTON COUNTY BOARD OF COMMISSIONERS; CHAIRMAN; COMPENSATION. No. 90 (House Bill No. 678). AN ACT To amend an Act providing for a change in the compensation of certain Newton County officials, approved April 6, 1981 (Ga. L. 1981, p. 3304), so as to provide for a supplement for the Chairman of the Board of Commissioners; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for a change in the compensation of certain Newton County officials, approved April 6, 1981 (Ga. L. 1981, p. 3304), is amended by adding a new subsection (c) to Section 2 to read as follows:

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(c) In addition to the salary and expenses provided for in subsections (a) and (b) of this Section, the Chairman of the Board of Commissioners shall receive a supplement of $200.00 per month to be paid from the general funds of Newton 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 1989 session of the General Assembly of Georgia a bill to amend an Act providing for compensation of salaries of certain Newton County officials, approved April 6, 1981 (Ga. L. 1981, p. 3304); and for other purposes. This 23rd day of January, 1989. 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 2, 1989. /s/ Denny M. Dobbs Representative, 74th District

Page 3985

Sworn to and subscribed before me, this 3rd day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 21, 1989. CITY OF DECATUR AD VALOREM TAX DEFERRAL FOR ELDERLY PERSONS. No. 91 (House Bill No. 722). AN ACT To provide for the deferral of City of Decatur ad valorem taxes for certain elderly persons; to provide for a short title; to provide for definitions; to provide for the conditions and limitations concerning the deferral; to provide for applications, oaths, and actions and procedures concerning those applications; to provide for interest upon deferred taxes; to provide for liens for taxes and interest; to provide for notifications regarding tax and interest deferrals; to provide for changes in property ownership and disqualifications for deferral; to provide when deferred taxes and interest become due and payable and provide for prepayment; to provide for distribution of payments; to prohibit certain foreclosures; to provide for statutory construction; to provide for penalties; to provide for all related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1. This Act shall be known and may be cited as the City of Decatur Tax Deferral for the Elderly Act. Section 2. As used in this Act, the term: (1) City means the City of Decatur, Georgia. (2) City clerk means the city clerk of the City of Decatur. (3) Governing authority means the governing authority of the City of Decatur. (4) Gross household income means all income, for all individuals residing within the homestead, from whatever source derived including, but not limited to, the following sources: (A) Compensation for services including fees, commissions, and similar items; (B) Gross income derived from business; (C) Gains derived from dealings in property; (D) Interest; (E) Rents; (F) Royalties; (G) Dividends; (H) Alimony and separate maintenance payments; (I) Income from life insurance and endowment contracts; (J) Annuities; (K) Pensions;

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(L) Income from discharge of indebtedness; (M) Distributive share of partnership gross income; (N) Income from an interest in an estate or trust; and (O) Federal old-age, survivor, or disability benefits. (5) Household means an individual or group of individuals living together in a room or group of rooms as a housing unit. Section 3. (a) Any individual aged 62 or older who is entitled to claim a homestead exemption pursuant to a resolution adopted by the 1981 General Assembly, H.R. 142 (Ga. L. 1981, p. 1914) and subsequently ratified as an amendment to the Constitution of the State of Georgia in the General Election in 1982, may elect to defer payment of all or part of the ad valorem taxes levied on that homestead by filing an annual application for tax deferral with the city clerk on or before March 1 of the year for which the deferral is sought. If the homestead for which a deferral is requested has an assessed value for purposes of ad valorem taxation of $100,000.00 or more, the deferral may apply only to the taxes on that portion of the assessed value which is $100,000.00 or less. (b) It shall be the burden of each applicant for a deferral to demonstrate affirmatively the applicant's compliance with the requirements of this Act. Section 4. No tax deferral in any one year shall be granted pursuant to Section 3 of this Act: (1) If the total amount of deferred taxes and interest plus the total amount of all other unsatisfied liens on the homestead exceeds 85 percent of the fair market value of the homestead as shown on the city tax digest for the immediately preceding tax year; (2) If the applicant's gross household income for the immediately preceding calendar year exceeds $15,000.00;

Page 3988

(3) If the homestead for which the deferral is sought is subject to any lien, the terms of which are dictated by federal law, rule, or regulation prohibiting deferral of taxes or is subject to any tax lien under the laws of this state, other than a lien established pursuant to this Act; (4) With respect to taxes levied to retire bonded indebtedness or for special assessments; or (5) If any spouse of the applicant has not waived in writing, upon the application for deferral, any right that spouse might have in such homestead property under Chapter 5 of Title 53 of the O.C.G.A., relating to year's support. Section 5. (a) The application for deferral shall be made upon a form prescribed by the local governing authority and furnished by the city clerk. The application form shall advise the applicant of the manner in which interest is computed. Each application form shall contain an explanation of the conditions to be met for approval and the conditions under which deferred taxes and interest become due, payable, and delinquent. Each application form shall clearly state that all deferrals pursuant to this Act shall constitute a lien on the applicant's homestead. (b) A form of oath shall be provided and shall be administered to the individual seeking the deferral. The oath may be administered by the city clerk, any authorized deputy city clerk, or any individual authorized by law to administer oaths. (c) (1) The city clerk shall consider each annual application for homestead tax deferral within 30 days of the date the application is filed or as soon as practicable thereafter. If the city clerk finds that the applicant is entitled to the tax deferral, the clerk shall approve the application and file the application in the permanent records. If the city clerk finds that the applicant is not entitled to the deferral, the clerk shall send a notice of disapproval to the applicant giving the reasons therefor within 30 days of the filing of the application either by personal delivery or by registered or certified mail to the mailing address given by the applicant, and the clerk shall make a return on the original notice of the manner in which the notice was served on the applicant and shall file the return among the permanent records of his

Page 3989

office. The original notice of disapproval sent to the applicant shall advise the applicant of the applicant's right to appeal the decision of the city clerk to the local governing authority and shall inform the applicant of the procedure for filing an appeal. (2) An appeal of the decision of the city clerk to the local governing authority shall be in writing on a form prescribed by the local governing authority and furnished by the city clerk. The appeal shall be filed with the local governing authority within 20 days after the applicant's receipt of the notice of disapproval. The local governing authority shall review the application and evidence presented to the city clerk upon which the applicant based the applicant's claim for a tax deferral and, at the election of the applicant, shall hear the applicant in person or by agent in the applicant's behalf on the applicant's right to a homestead tax deferral. The local governing authority shall reverse the decision of the city clerk and shall grant a homestead tax deferral to the applicant if in its judgment the applicant is entitled thereto, or it shall affirm the decision of the city clerk. Such action by the local governing authority shall be final unless the applicant, city clerk, or other lienholder files an appeal with the Superior Court of DeKalb County within 30 days from the date the taxpayer receives written notification of the decision of the local governing authority. (d) Each application shall contain a list, and the current value, of all outstanding liens on the applicant's homestead. (e) If proof of fire and extended coverage insurance has not been furnished with a prior application, each applicant shall furnish proof of such insurance in an amount which is in excess of the sum of all outstanding liens and deferred taxes and interest with a loss payable clause to the City of Decatur. Section 6. (a) The amount of taxes deferred pursuant to this Act shall accrue interest until paid at three-fourths of the rate specified in Code Section 48-2-40 of the O.C.G.A. (b) Interest on taxes deferred pursuant to this Act in any year shall begin accruing on the date the taxes were due in that year.

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Section 7. The taxes and interest deferred pursuant to this Act shall constitute a prior lien and shall attach as of the date and in the same manner and shall be collected as are other liens for taxes, as provided for under Title 48 of the O.C.G.A., but the deferred taxes and interest shall only be due, payable, and delinquent as provided in this Act. Section 8. Each year, at the time the tax bills are mailed, the city clerk shall notify each property owner to whom a homestead tax deferral has been previously granted of the accumulated sum of deferred taxes and interest outstanding. Section 9. (a) In the event that there is a change in use of tax-deferred property so that the owner is no longer entitled to a homestead exemption for the property pursuant to Section 3 of this Act, or if the owner fails to maintain the required fire and extended insurance coverage, the total amount of deferred taxes and interest for all previous years shall be due and payable either on the date on which the change in use occurs or on the date failure to maintain insurance occurs. (b) In the event that there is a change in ownership of tax-deferred property, the total amount of deferred taxes and interest for all previous years shall be due and payable on the date the change in ownership occurs. When, however, the change in ownership is to a surviving spouse and the spouse is eligible for a homestead exemption on the property pursuant to a resolution adopted by the 1981 General Assembly, H. R. 142 (Ga. L. 1981, p. 1914) and subsequently ratified as an amendment to the Constitution of the State of Georgia in the general election in 1982, the surviving spouse may continue the deferral of previously deferred taxes and interest pursuant to this Act. (c) During any year in which the total amount of deferred taxes, interest, and all other unsatisfied liens on a homestead exceeds 85 percent of the fair market value of the homestead, the city clerk shall immediately notify the owner of the homestead that the portion of taxes and interest which exceeds 85 percent of the value of the homestead shall be due and payable within 30 days of receipt of the notice. Failure to pay the amount due shall cause the total amount of deferred taxes and interest also to become due and payable at the end of the 30 days.

Page 3991

(d) Each year, upon notification, each owner of property on which taxes and interest have been deferred shall submit to the city clerk a list, and the current value, of all outstanding liens on the owner's homestead. Failure to respond to the notification within 30 days of its receipt shall cause the total amount of deferred taxes and interest to become due and payable at the end of the 30 days. (e) All deferred taxes which are made due and payable by this section shall be delinquent and subject to interest in accordance with Section 6 of this Act at the end of 120 days following the date the deferred taxes become due and payable. Section 10. (a) All or part of the deferred taxes and accrued interest may be paid at any time to the city clerk by: (1) The owner of the property or the spouse of the owner; or (2) The next of kin of the owner, heir of the owner, child of the owner, or any person having or claiming a legal or equitable interest in the property, provided that no objection is made by the owner within 30 days after the city clerk notifies the owner of the fact that such payment has been tendered. Any payment made under this paragraph shall be deposited in a special escrow account for the 30 day period; and the city clerk shall not make distribution of the payment while the funds are held in escrow. (b) Any partial payment made pursuant to this section shall be applied first to accrued interest. By resolution of the city governing authority, a minimum amount of partial payment which may be accepted in the city pursuant to this Act may be established. Section 11. When any deferred taxes or interest is collected, the city clerk shall maintain a record of the payment, which record shall contain a description of the property and the amount of taxes or interest collected for the property. The city clerk shall distribute payments received to the local tax jurisdictions to whom the taxes and interest are owed. Section 12. If any holder of a deed to secure debt or any mortgagee elects to pay the taxes of an applicant who qualifies for and receives a tax deferral, such election shall not give the holder of the deed or the mortgagee the right to foreclose.

Page 3992

Section 13. Nothing in this Act shall be construed to prevent the collection of personal property taxes which become a lien against tax-deferred property. Section 14. (a) The following penalties shall be imposed on any person who willfully files information required under Sections 3 and 9 which is incorrect: (1) The person shall pay the total amount of taxes and interest deferred, which amount shall immediately become due; (2) The person shall be disqualified from filing a homestead tax deferral application for the next three years; and (3) The person shall pay a penalty of 25 percent of the total amount of taxes and interest deferred. (b) Any person against whom the penalties prescribed in this section have been imposed may appeal the penalties imposed to the local governing authority within 30 days after the penalties are imposed. Section 15. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 16. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given of intent to introduce local legislation in the 1989 Georgia General Assembly to provide for a method of property tax deferral for low income elderly persons who are eligible for certain homestead exemptions in the City of Decatur.

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Rep. Eleanor Richardson District 52 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 12, 1989. /s/ Eleanor L. Richardson Representative, 52nd District Sworn to and subscribed before me, this 17th day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 21, 1989.

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MUSCOGEE COUNTY STATE COURT; JUDGES; COMPENSATION. No. 92 (House Bill No. 812). AN ACT To amend an Act establishing the State Court of Muscogee County, approved December 20, 1884 (Ga. L. 1884-85, p. 455), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4423), so as to change the compensation of the judges of such state 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 establishing the State Court of Muscogee County, approved December 20, 1884 (Ga. L. 1884-85, p. 455), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4423), is amended by striking in its entirety subsection (a) of Section 3A and inserting in lieu thereof a new subsection (a) to read as follows: (a) The judges of the State Court of Muscogee County shall receive annual salaries of $60,500.00 which shall be paid in equal monthly installments from the funds of Muscogee County. Section 2. This Act shall become effective on July 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 hereby given that there will be introduced at the January, 1989, session of the General Assembly of Georgia, a bill to amend an Act establishing a City Court in the City of Columbus of

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Muscogee County, Georgia (now known as the State Court of Muscogee County), approved December 20, 1884 (Ga. L. 1884-85, p. 455), as amended, so as to fix the salaries of the judges of said court; to provide an effective date; to repeal conflicting laws, and for other purposes. This the 7 day of February, 1989. 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-Enquirer which is the official organ of Muscogee County, on the following date: February 7, 1989. /s/ Thomas B. Buck III Representative, 95th District Sworn to and subscribed before me, this 14th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 21, 1989.

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CRAWFORD COUNTY MAGISTRATE COURT; LAW LIBRARY FEES. No. 93 (House Bill No. 828). AN ACT To provide for the collection of an additional fee for the benefit of the Crawford County Law Library on each case filed in the Magistrate Court of Crawford County; to provide for procedures; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The Magistrate Court of Crawford County shall collect a fee not to exceed $5.00 on each case, civil or criminal, filed in said court, in addition to all other legal costs, for the benefit of the Crawford County Law Library. The exact amount of such fee shall be set by agreement of the Senior Superior Court Judge of the Macon Judicial Circuit, the Chief Magistrate of Crawford County, and the Deputy Magistrate of Crawford County. Section 2. The clerk of the magistrate court shall collect the law library fee on each case filed in said court and remit the same to the treasurer of the board of trustees of the law library on the first day of each month. 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 1989 session of the General Assembly of Georgia a bill to provide for collection of additional costs in cases before the Magistrate Court of Crawford County as law library fees; to provide for the amount of such fees; to provide for the amount of such fees; to provide for the

Page 3997

amount of such fees; to provide for procedures; and for other purposes. This day of February, 1989. /s/ Robert Ray 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 9, 1989. /s/ Robert Ray Representative, 98th District Sworn to and subscribed before me, this 15th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 21, 1989.

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JEFF DAVIS COUNTY BOARD OF COMMISSIONERS; TERMS; CLERK; VACANCIES; MEETINGS. No. 94 (House Bill No. 835). AN ACT To amend an Act creating a board of commissioners of Jeff Davis County, approved March 25, 1958 (Ga. L. 1958, p. 3288), as amended, particularly by an Act approved March 1, 1984 (Ga. L. 1984, p. 3688), so as to provide for staggered terms for the board of commissioners; to change the compensation of the clerk of the county commission; to change the methods of filling a vacancy; to change the times of the monthly meetings; 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 board of commissioners of Jeff Davis County, approved March 25, 1958 (Ga. L. 1958, p. 3288), as amended, particularly by an Act approved March 1, 1984 (Ga. L. 1984, p. 3688), is amended by inserting following subsection (c) of Section 1A of said Act new subsection (d) to read as follows: (d) In order to stagger the terms of the board of county commissioners, the terms of office for members from Commissioner District Number 4 and Commissioner District Number 5 elected at the general election of 1992 shall be two years. Thereafter, beginning with the general election of 1994, the terms of such commissioners shall revert back to four years each. Section 2. Said Act is further amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. The board shall elect a chairman who shall serve at the pleasure of the board. The chairman shall be compensated in the amount of $250.00 per month. The other members of the board shall be compensated in the amount of $200.00 per month,

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and the clerk shall be compensated in an amount to be set by the board. Such compensation shall be paid from the funds of Jeff Davis County. No member of said board shall receive any other compensation whatever for expenses or otherwise for any services or expenses incurred within Jeff Davis County. Should it become necessary for any member of said board to transact business for the county outside the limits of Jeff Davis County, then his expenses only shall be paid out of the general funds of the county. 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. If a vacancy occurs on the board of commissioners and more than 180 days remain to be served, a special election shall be called to fill the unexpired term. If a vacancy occurs with less than 180 days remaining to be served, then the board of commissioners shall appoint a duly qualified individual to fill that position for the remainder of the unexpired term and until a successor is elected and qualified. Section 4. Said Act is further amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows: Section 6. The board of commissioners shall hold a regular meeting on the second Thursday of each month. At this meeting, or as soon thereafter as practicable, the board of commissioners shall elect one of the members as chairman and one as vice-chairman. Any chairman or vice-chairman shall hold his office until his successor is elected, and nothing in this Act shall prevent the reelection of any chairman or vice-chairman. 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.

Page 4000

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to amend an Act creating a Board of Commissioners of Jeff Davis County approved March 25, 1958 (Ga. L. 1958, p. 3288), as amended, particularly by an Act approved March 1, 1984 (Ga. L. 1986, p. 3688); and for other purposes. This 27th day of January, 1989. Honorable Roger Byrd Representative, 153rd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roger C. 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 1, 1989. /s/ Roger C. Byrd Representative, 153rd District Sworn to and subscribed before me, this 14th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 21, 1989.

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CITY OF JESUP CORPORATE LIMITS. No. 95 (House Bill No. 841). AN ACT To amend an Act incorporating and creating a new charter for the City of Jesup in Wayne County, Georgia, approved December 15, 1937 (Ga. L. 1937-38, Ex. Sess., p. 142), as amended, particularly by an Act approved March 14, 1984 (Ga. L. 1984, p. 4266), so as to change the corporate limits of said city; 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 incorporating and creating a new charter for the City of Jesup in Wayne County, Georgia, approved December 15, 1937 (Ga. L. 1937-38, Ex. Sess., p. 142), as amended, particularly by an Act approved March 14, 1984 (Ga. L. 1984, p. 4266), is amended by adding at the end of Section 2 the following: The corporate limits of the City of Jesup shall include the following parcel of land: `All that certain tract or parcel of land situate, lying and being in Land Lot Number 28 in the Third Land District of Wayne County, Georgia, containing 51.93 acres, and being shown and delineated on a certain plat of same prepared by James L. Conine, R.L.S. No. 1545, dated October 28, 1988, and recorded in the Office of the Clerk of Superior Court, Wayne County, Georgia in Plat Book 21, Folio 141, and being more particularly described as follows, to-wit: For point of reference, commence at the point where the southwestern boundary of U.S. Highway No. 341 intersects the southeastern boundary of the Georgia Power Company

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right-of-way; running thence South 68 degrees 22 minutes East along the southwestern boundary of U.S. Highway No. 341 a distance of 50 feet to the POINT OF BEGINNING ; running thence South 68 degrees 22 minutes East along the southwestern boundary of U.S. Highway No. 341 a distance of 1,098.11 feet to a point; running thence South 1 degree 53 minutes East a distance of 500.52 feet to a point; running thence North 88 degrees 54 minutes East a distance of 233.02 feet to a point; running thence South 1 degree 06 minutes East a distance of 64 feet to a point; running thence South 0 degrees 48 minutes West a distance of 233.1 feet to a point; running thence South 43 degrees 30 minutes West a distance of 407.5 feet to a point; running thence South 87 degrees 53 minutes West a distance of 2,007.3 feet to a point, located on the southeastern boundary of said Georgia Power Company right-of-way; running thence North 31 degrees 30 minutes East a distance of 1,709.68 feet to a point; running thence South 68 degrees 22 minutes East a distance of 50 feet to a point; running thence North 31 degrees 30 minutes East a distance of 150 feet to the point of beginning. For a further description of said property, reference is hereby made to the aforesaid plat and the record thereof. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Jesup, approved December 15, 1937 (Ga. L. 1933-38, Ex. Sess., p. 1142), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4121), so as to annex certain property into the corporate limits of the city; and for other purposes. This 1st day of February, 1989.

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-s-Honorable Roger Byrd Representative, 153rd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roger C. Byrd, who, on oath, deposes and says that he is Representative from the 153rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Press-Sentinel which is the official organ of Wayne County, on the following date: February 8, 1989. /s/ Roger C. Byrd Representative, 153rd District Sworn to and subscribed before me, this 14th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 21, 1989.

Page 4004

MUSCOGEE COUNTY STATE COURT; SOLICITOR AND FULL-TIME ASSISTANT SOLICITORS; COMPENSATION. No. 96 (House Bill No. 861). AN ACT To amend an Act establishing the State Court of Muscogee County, approved December 20, 1884 (Ga. L. 1884-85, p. 455), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4423), so as to change the compensation of the solicitor of said court; to change the provisions relating to the compensation of full-time assistant solicitors; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act establishing the State Court of Muscogee County, approved December 20, 1884 (Ga. L. 1884-85, p. 455), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4423), is amended by striking subsection (b) of Section 3A of said Act and inserting in lieu thereof a new subsection (b) to read as follows: (b) The solicitor of said court shall receive an annual salary of $40,600.00 which shall be paid in equal monthly installments from the funds of Muscogee County. The solicitor shall devote his full time to the duties of his office and shall not engage in the private practice of law during his tenure of office. Section 2. Said Act is further amended by striking subsection (c) of Section 3B of said Act and inserting in lieu thereof a new subsection (c) to read as follows: (c) Each full-time assistant solicitor of said court shall be compensated in an amount not less than $25,000.00 per annum nor more than $35,000.00 per annum, said amount to be determined by the solicitor and to be paid in equal monthly installments from the funds of Muscogee County.

Page 4005

Section 3. This Act shall become effective on July 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 hereby given that there will be introduced at the January, 1989, session of the General Assembly of Georgia, a bill to amend an Act establishing a City court in the City of Columbus of Muscogee County, Georgia (now known as the State Court of Muscogee County), approved December 20, 1884 (Ga. L. 1884-85, p. 455), as amended, so as to fix the salaries of the solicitor and full-time assistant solicitors of said court; to provide an effective date; to repeal conflicting laws, and for other purposes. This the 7th day of February, 1989. 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: February 8, 1989. /s/ Thomas B. Buck, III Representative, 95th District

Page 4006

Sworn to and subscribed before me, this 16th day of February, 1989. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved March 21, 1989. MIDDLE GEORGIA COLISEUM AUTHORITY BONDS. No. 97 (House Bill No. 905). AN ACT To amend an Act creating the Middle Georgia Coliseum Authority, approved March 15, 1963 (Ga. L. 1963, p. 2250), as amended, so as to increase the amount of revenue bonds which the authority is empowered to issue; to prohibit the issuance of additional bonds except as authorized by this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the Middle Georgia Coliseum Authority, approved March 15, 1963 (Ga. L. 1963, p. 2250), as amended, is amended by striking paragraph (7) of Section 5 and inserting in its place a new paragraph (7) to read as follows: (7) To issue from time to time revenue bonds not to exceed an aggregate principal amount of $28 million during the life of the Authority of finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, addition to, or extension of such projects. All revenue bonds issued

Page 4007

pursuant to the provisions of this Act shall be fully negotiable instruments and shall have all the qualities and incidents of negotiable instruments under the negotiable instruments law of Georgia. Section 2. Said Act is further amended by striking Section 11 and inserting in its place a new Section 11 to read as follows: Section 11. The Authority shall have the power and is hereby authorized to provide by resolution for the issuance of negotiable revenue bonds of the Authority for the purpose of paying all or any part of the cost of any one or combination of its projects not to exceed an aggregate principal amount of $28 million during the life of the Authority. The principal and interest of such revenue bonds shall be payable solely from and may be secured by a pledge of rents, fees, charges, and other revenues of all or any part of the project or projects financed in whole or in part with the proceeds of such bonds or with the proceeds of bonds called and refunded or to be called and refunded by such issue. The bonds of each issue shall be dated, shall bear interest, shall mature, and shall be payable as to both principal and interest as may be determined by the Authority within the terms of the `Revenue Bond Law' of Georgia (Ga. L. 1937, p. 761), as amended, codified in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., and the bonds may be made redeemable before maturity at the option of the Authority at such price or prices and under such terms and conditions as may be fixed by the Authority in its resolution providing for the issuance of the bonds. The authority granted for the issuance of negotiable revenue bonds by this section is cumulative only and shall not be construed to abridge the rights of the Authority as otherwise provided in this Act, and specifically shall not abridge the power of said Authority to borrow money and issue notes as distinguished from revenue bonds as provided in paragraph (4) of Section 5 of this Act and as otherwise provided by law. Section 3. Upon the issuance of the additional revenue bonds authorized by the provisions of this Act, no further revenue bonds shall be issued by the Authority unless specific authority therefor shall be provided by the General Assembly. Section 4. All laws and parts of laws in conflict with this Act are repealed.

Page 4008

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia an Act crating the Middle Georgia Coliseum Authority, approved March 15, 1963 (Ga. L. 1963, p. 2250), as amended; and for other purposes. This 18th day of February, 1989. William Lee Robinson, Mayor and the City Council of Macon, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Floyd M. Buford, Jr., who, on oath, deposes and says that he is Representative from the 103rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Macon Telegraph and News which is the official organ of Bibb County, on the following date: February 18, 1989. /s/ Floyd M. Buford, Jr. Representative, 103rd District Sworn to and subscribed before me, this 20th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 21, 1989.

Page 4009

MACON JUDICIAL CIRCUIT DISTRICT ATTORNEY; SALARY SUPPLEMENT. No. 98 (House Bill No. 906). AN ACT To amend an Act providing for supplements to the salaries of the judges and district attorney of the superior courts of the Macon Judicial Circuit, approved March 28, 1973 (Ga. L. 1973, p. 176), as amended, particularly by an Act approved March 12, 1984 (Ga. L. 1984, p. 343), so as to change the amount of supplemental salaries authorized to be paid to such district attorney; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for supplements to the salaries of the judges and district attorney of the superior courts of the Macon Judicial Circuit, approved March 28, 1973 (Ga. L. 1973, p. 176), as amended, particularly by an Act approved March 12, 1984 (Ga. L. 1984, p. 343), is amended by inserting immediately following subsection (b) of Section 2 a new subsection (c) to read as follows: (c) Notwithstanding any provision contained in this section, the governing authorities of Bibb County, Peach County, or Crawford County may by resolution provide for a supplemental payment in any amount in excess of the amounts provided in subsection (a) of this section. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

Page 4010

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 1989 session of the General Assembly of Georgia a bill to amend an Act providing for supplements to the salaries of the judges and district attorney of the superior courts of the Macon Judicial Circuit, approved March 28, 1973 (Ga. L. 1973, p. 176), as amended; and for other purposes. This 1st day of February, 1989. /s/ Floyd M. Buford, Jr. Honorable Floyd M. Buford, Jr. Representative, 103rd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Floyd M. Buford, Jr., who, on oath, deposes and says that he is Representative from the 103rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Georgia Post which is the official organ of Crawford County, on the following date: February 9, 1989. /s/ Floyd M. Buford, Jr. Representative, 103rd District

Page 4011

Sworn to and subscribed before me, this 21st day of February, 1989. /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 1989 session of the General Assembly of Georgia a bill to amend an Act providing for supplements to the salaries of the judges and district attorney of the superior courts of the Macon Judicial Circuit, approved March 28, 1973 (Ga. L. 1973, p. 176), as amended; and for other purposes. This 1st day of February, 1989. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Floyd M. Buford, Jr., who, on oath, deposes and says that he is Representative from the 103rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Leader-Tribune which is the official organ of Peach County, on the following date: February 8, 1989. /s/ Floyd M. Buford, Jr. Representative, 103rd District

Page 4012

Sworn to and subscribed before me, this 21st day of February, 1989. /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 1989 session of the General Assembly of Georgia a bill to amend an Act providing for supplements to the salaries of the judges and district attorney of the superior courts of the Macon Judicial Circuit, approved March 28, 1973 (Ga. L. 1973, p. 176), as amended; and for other purposes. This 1st day of February, 1989. /s/ Honorable Floyd M. Buford, Jr. Representative, 103rd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Floyd M. Buford, Jr., who, on oath, deposes and says that he is Representative from the 103rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Macon Telegraph and News which is the official organ of Bibb County, on the following date: February 4, 1989. /s/ Floyd M. Buford, Jr. Representative, 103rd District

Page 4013

Sworn to and subscribed before me, this 21st day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 21, 1989. TOOMBS COUNTY BOARD OF COMMISSIONERS; COMPENSATION. No. 99 (House Bill No. 960). AN ACT To amend an Act creating the board of commissioners of Toombs County, approved February 13, 1959 (Ga. L. 1959, p. 2010), as amended, particularly by an Act approved March 20, 1986 (Ga. L. 1986, p. 4159), so as to change the compensation of the chairman and other members of the board of commissioners; to provide for all related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the board of commissioners of Toombs County, approved February 13, 1959 (Ga. L. 1959, p. 2010), as amended, particularly by an Act approved March 20, 1986 (Ga. L. 1986, p. 4159), is amended by striking subsections (c) and (d) of Section 7 of said Act and inserting in lieu thereof new subsections (c) and (d) to read as follows:

Page 4014

(c) The chairman of the board shall be compensated by an annual salary of $18,000.00, payable in equal monthly installments from funds of Toombs County. The chairman of the board shall also be furnished a pickup truck for use in carrying out the duties of his office. The cost of such pickup truck and the expenses of operating and maintaining said vehicle shall be paid from county funds. (d) Each member of the board other than the chairman shall be compensated by a salary of $400.00 per month, payable monthly from funds of Toombs 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 1989 session of the General Assembly of Georgia a bill to amend an act creating The Board of Commissioners of Toombs County, Georgia, approved February 13, 1959 (Ga. L. 1959, p. 2010), as amended; to provide for all related matters; and for other purposes. This 14th day of February, 1989. MELL TAYLOR, Chairman of said board GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roger C. 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

Page 4015

Legislation was published in the Lyons Progress which is the official organ of Toombs County, on the following date: February 16, 1989. /s/ Roger C. Byrd Representative, 153rd District Sworn to and subscribed before me, this 24th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 21, 1989. COBB COUNTY TAX COMMISSIONER, CHIEF CLERK, AND EXECUTIVE SECRETARY; COMPENSATION. No. 101 (House Bill No. 971). 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, so as to change the compensation of the tax commissioner, the chief clerk, and 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:

Page 4016

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, is amended by striking Section 3 and inserting in its place a new Section 3 to read as follows: Section 3. (a) The tax commissioner shall receive an annual salary of $55,700.00, to be paid in equal monthly installments from county funds. The tax commissioner shall be allowed one chief clerk whose annual salary shall be $46,500.00, 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. (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 $30,200.00 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. Section 3. All laws and parts of laws in conflict with this Act are repealed.

Page 4017

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill 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; and for other purposes. This 22 day of February, 1989. Honorable William J. Gresham Representative, 21st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William J. Gresham, Jr., 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 24, 1989. /s/ William J. Gresham, Jr. Representative, 21st District

Page 4018

Sworn to and subscribed before me, this 24th day of February, 1989. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved March 22, 1989. TOWN OF SPARKS MAYOR AND COUNCIL; ELECTIONS; TERMS. No. 102 (House Bill No. 972). AN ACT To amend an Act establishing a new charter for the Town of Sparks, approved December 20, 1899 (Ga. L. 1899, p. 271), as amended, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmen; to provide for the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act establishing a new charter for the Town of Sparks, approved December 20, 1899 (Ga. L. 1899, p. 271), as amended, is amended by adding a new section immediately following Section 4, to be designated Section 4A to read as follows: Section 4A. (a) The provisions of this section shall govern over and supersede any other provisions of this charter to the contrary.

Page 4019

(b) The three councilmen elected in December, 1988, whose terms normally expire on the second Monday of January, 1991, shall remain in office only until December 31, 1990, and until their successors are elected and qualified. On the Tuesday next following the first Monday in November of 1990, and biennially thereafter, the successors to such two councilmen shall be elected and shall serve for terms 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. (c) The three councilmen elected in December, 1989, whose terms normally expire on the second Monday of January, 1992, shall remain in office only until December 31, 1991, and until their successors are elected and qualified. On the Tuesday next following the first Monday in November of 1991, and biennially thereafter, the successors to such three councilmen shall be elected and shall serve for terms 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. (d) The mayor elected in December, 1988, whose term normally expires on the second Monday in January, 1991, shall remain in office only until December 31, 1990, and until a successor is elected and qualified. On the Tuesday next following the first Monday in November, 1990, and biennially thereafter, the successor to such mayor shall be elected and shall serve for a term of office of two years and until a successor is elected and qualified and shall take office on the first day of January following such election. Section 2. This Act is enacted pursuant to the authority provided for in subsection (c) of Code Section 21-3-64 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 1989 session of the General Assembly of Georgia a bill to amend an

Page 4020

Act establishing a new charter for the Town of Sparks, approved December 20, 1899 (Ga. L. 1899, p. 271), as amended, so as to change certain provisions relative to the election and terms of office of the mayor and members of the city council; and for other purposes. This 17th day of February, 1989. Honorable Hanson Carter Representative, 146th District PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF COOK Before the undersigned attesting officer in and for said State personally appeared JOHN H. SANDERS, JR., who on oath deposes and says that he is the publisher of the newspaper in which sheriff's advertisements appear for Cook County; and that the attached notice of Intention to Introduce Local Legislation was published in said newspaper on February 22, 1989. /s/ John H. Sanders, Jr. PUBLISHER Sworn to and subscribed before me this 23rd day of February, 1989. /s/ Leigh F. Dukes Notary Public My Commission Expires: 4-2-91 (SEAL) Approved March 22, 1989.

Page 4021

CITY OF ATHENS REDEVELOPEMENT POWERS: REFERENDUM. No. 103 (House Bill No. 981). 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, 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.'

Page 4022

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 municipal election date in November, 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 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, 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.

Page 4023

Section 4. All laws and parts of laws in conflict with this Act are repealed. PROPOSED AMENDMENT TO THE CITY CHARTER 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 1989 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 13th day of February, 1989. Mayor and Council of the City of Athens, Georgia By: Denny C. Galis City Attorney STATE OF GEORGIA COUNTY OF CLARKE Personally appeared before me, a notary public within and for above State and County, DON NELSON, who deposes and says he is Publisher for the Athens Observer and is duly authorized to make this affidavit, and that advertisement as per attached clipping has been published in the Athens Observer, in accordance with Section 28-1-14 OCGA, on the following date: 02/16/89.

Page 4024

SIGNED: Donald T. Nelson SWORN TO AND SUBSCRIBED before me this 16 day of February, 1989. /s/ Peppi Lynn Teague Notary Public, DeKalb County, Georgia My Commission Expires, Feb. 23, 1990 (SEAL) Approved March 22, 1989. TOWN OF RINCON HOMESTEAD EXEMPTION; REFERENDUM. No. 104 (House Bill No. 984). AN ACT To provide a $10,000 homestead exemption from ad valorem taxes of the Town of Rincon, Georgia, 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 a homestead as defined in Code Section 48-5-40 of the O.C.G.A. Section 2. Each resident of the Town of Rincon, Georgia, who is 65 years of age or older is granted an exemption from that person's homestead from all Town of Rincon 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.

Page 4025

Section 3. The governing authority of the Town of Rincon may by ordinance provide procedures and requirements necessary for the proper administration of the homestead exemption granted by this Act. Section 4. The homestead 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 homestead exemption granted by this Act shall apply to all taxable years beginning after December 31, 1989. Section 6. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the Town of Rincon shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Town of Rincon for approval or rejection. The election superintendent shall conduct that election on the Tuesday next following the first Monday in November, 1989, 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 Effingham County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act providing a $10,000.00 homestead exemption from Town of Rincon 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.

Page 4026

The expenses of such election shall be borne by the Town of Rincon. 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 INTENT TO INTRODUCE LOCAL LEGISLATION NOTICE IS HEREBY GIVEN that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to allow for a referendum to decide the issue of providing a homestead exemption, in the amount of $10,000, to all citizens of Rincon who are 65 years old or older, and for other purposes. This 9th Day of February, George A. Chance, Jr. Representative, 129th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, dulty 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 15, 1989. /s/ George A. Chance, Jr. Representative, 129th District

Page 4027

Sworn to and subscribed before me, this 27th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 22, 1989. CITY OF UNADILLA CORPORATE LIMITS; TAXES. No. 105 (House Bill No. 994). AN ACT To amend an Act providing a new charter for the City of Unadilla, approved March 11, 1977 (Ga. L. 1977, p. 3079), so as to change the corporate limits of the city; to provide that no individual or corporation doing business in the newly annexed area shall be required to pay a business or occupation tax or obtain any license or permit during the calendar year 1989; to provide that no municipal taxes shall be levied upon real or personal property within such area until January 1, 1990; to provide that until such taxes are levied, charges for water and sewer services in such area shall be the same as charges for such services in areas outside the corporate limits; 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 Unadilla, approved March 11, 1977 (Ga. L. 1977, p. 3079), is amended by inserting immediately following Section 1.11 a new Section 1.11A to read as follows:

Page 4028

Section 1.11A. In addition to any other territory lying within the corporate limits of the City of Unadilla, such corporate limits shall also include the following: All those tracts or parcels of land in Land Lot 42 of the Third District of Dooly County, Georgia, being known and designated as Parcel `A', containing 9.09 acres, Parcel `B-1', containing 0.84 acres and Parcel `B-2' containing 1.63 acres according to a plat of survey prepared for Campground Development Services by Jones Surveying Company on December 20, 1974, a copy of said plat being recorded in Plat Book 4, Page 170, Clerk's Office, Dooly Superior Court. Said plat and the recorded copy thereof are hereby made a part of this description by reference thereto for all purposes. Section 2. Notwithstanding the provisions of Section 6.12 of said Act, no individual or corporation transacting business or practicing or offering to practice any profession within the boundaries of the newly annexed area described in Section 1 of this Act shall be required to pay a municipal occupation or business tax or obtain any municipal license or permit during the calendar year 1989, provided that such tax was paid to or such license or permit was obtained from Dooly County. Section 3. Notwithstanding the provisions of Section 6.10 of said Act, no municipal ad valorem taxes shall be levied upon any real or personal property located within the boundaries of the newly annexed area described in Section 1 of this Act prior to January 1, 1990; provided, however, that until such taxes are levied, charges for water and sewer services within such area shall be the same as charges for such services outside the corporate limits of the City of Unadilla. 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 1989 regular session of the General Assembly of Georgia a bill to

Page 4029

change the corporate limits of the City of Unadilla and for other purposes. This 16th day of February, 1989. D.C. Shugart, Mayor City of Unadilla, GA GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard H. Rainey, who, on oath, deposes and says that he is Representative from the 135th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Vienna News-Observer which is the official organ of Dooly County, on the following date: February 23, 1989. /s/ Howard H. Rainey Representative, 135th District Sworn to and subscribed before me, this 28th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 22, 1989.

Page 4030

HALL COUNTY BOARD OF COMMISSIONERS; ELECTIONS. No. 106 (House Bill No. 1000). AN ACT To amend an Act creating a Board of Commissioners of Hall County, approved March 21, 1935 (Ga. L. 1935, p. 661), as amended, particularly by an Act approved March 7, 1966 (Ga. L. 1966, p. 3305), and an Act approved March 16, 1978 (Ga. L. 1978, p. 3802), so as to provide that the members of such board of commissioners elected at the 1992 general election and all subsequent elections shall be elected by a majority vote of electors of each respective district; to provide that the successor to the chairman of such board shall be elected by a majority vote of electors of Hall County; to provide for application; to provide a contingency to becoming effective; 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 Hall County, approved March 21, 1935 (Ga. L. 1935, p. 661), as amended, particularly by an Act approved March 7, 1966 (Ga. L. 1966, p. 3305), and an Act approved March 16, 1978 (Ga. L. 1978, p. 3802), is amended by inserting immediately following Section 2 a new Section 2A to read as follows: Section 2A. (a) Beginning on January 1, 1993, the board of commissioners shall be composed of five members, one from each of the four commissioner districts provided for hereinafter and one from the county at large who shall be chairman. Persons qualifying as candidates for membership on the board shall designate whether they are qualifying as a candidate for a district membership or for chairman. In order to represent a district, a person must be a resident of said district. Each district commissioner shall be elected by a majority of the electors voting in the respective commissioner district, and the chairman shall be elected by a majority of the electors voting in the county. Candidates for office at the general election held in 1992 and each subsequent election shall be qualified and elected as provided in this section.

Page 4031

Section 2. The provisions of this Act shall apply to all elections for members of the Board of Commissioners of Hall County beginning with the election to be held in 1992; provided, however, that in the event the provisions of this Act are not approved by the United States Department of Justice as required by the federal Voting Rights Act of 1965, as amended, the provisions of this Act shall be null and void and of no force or effect whatsoever. 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 1989 Session of the General Assembly of Georgia a bill to amend an Act creating a Board of Commissioners of Hall County, approved March 21, 1935 (GA. L. 1935, page 661), as amended; and for other purposes. This 25th day of February, 1989. SENATOR J. NATHAN DEAL, REPRESENTATIVE JERRY JACKSON, REPRESENTATIVE BOBBY LAWSON, REPRESENTATIVE WYC ORR. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wyc Orr, 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 25, 1989. /s/ Wyc Orr Representative, 9th District

Page 4032

Sworn to and subscribed before me, this 27th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 22, 1989. LOOKOUT MOUNTAIN JUDICIAL CIRCUIT STATE PROBATION OFFICERS; COMPENSATION; COUNTY SUPPLEMENTS. No. 107 (House Bill No. 1002). AN ACT To amend an Act creating the Lookout Mountain Judicial Circuit, approved January 26, 1950 (Ga. L. 1950, p. 23), as amended, so as to authorize the governing authority of each county comprising the Lookout Mountain Judicial Circuit to continue to supplement the state paid compensation of probation officers; to provide for the maximum amount of such supplements; to provide 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 Lookout Mountain Judicial Circuit, approved January 26, 1950 (Ga. L. 1950, p. 23), as amended, is amended by adding, following Section 5, a new Section 5.1, to read as follows: Section 5.1. The governing authority of each county comprising the Lookout Mountain Judicial Circuit is authorized,

Page 4033

acting in its sole discretion, to continue to supplement the state paid compensation of each probation officer within the circuit. Any such supplemental compensation shall be paid in equal monthly installments from county funds and shall not exceed the following amounts for each such probation officer: Catoosa County.....$ 35.00 per month Chattooga County..... 25.00 per month Dade County..... 15.00 per month Walker County..... 100.00 per month Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without 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 1989 session of the General Assembly of Georgia a bill to amend an Act creating the Lookout Mountain Judicial Circuit, approved January 26, 1950 (Ga. L. 1950, p. 23), as amended; and for other purposes. This 22nd day of February, 1989. Michael M. Snow GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Michael M. Snow, who, on oath, deposes and says that he is Representative from the 1st District, and that the attached copy of Notice of Intention to Introduce Local

Page 4034

Legislation was published in the Summerville News which is the official organ of Chattooga County, on the following date: February 23, 1989. /s/ Michael M. Snow Representative, 1st District Sworn to and subscribed before me, this 28th day of February, 1989. /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 1989 session of the General Assembly of Georgia a bill to amend an Act creating the Lookout Mountain Judicial Circuit, approved January 26, 1950 (Ga. L. 1950, p. 23), as amended; and for other purposes. This 25th day of January, 1989 Michael M. Snow GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Michael M. Snow, who, on oath, deposes and says that he is Representative from the 1st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dade County Sentinel which is the

Page 4035

official organ of Dade County, on the following date: February 8, 1989. /s/ Michael M. Snow Representative, 1st District Sworn to and subscribed before me, this 21st day of February, 1989. /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 1989 session of the General Assembly of Georgia a bill to amend an Act creating the Lookout Mountain Judicial Circuit, approved January 26, 1950 (Ga. L. 1950, p. 23), as amended; and for other purposes. This 25th day of January, 1989. Michael M. Snow GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Michael M. Snow, who, on oath, deposes and says that he is Representative from the 1st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Catoosa County News which is the official organ of Catoosa County, on the following date: February 15, 1989.

Page 4036

/s/ Michael M. Snow Representative, 1st District Sworn to and subscribed before me, this 21st day of February, 1989. /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 1989 session of the General Assembly of Georgia a bill to amend an Act creating the Lookout Mountain Judicial Circuit, approved January 26, 1950 (Ga. L. 1950, p, 23), as amended; and for other purposes. This 25th day of January, 1989. Michael M. Snow GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Michael M. Snow, who, on oath, deposes and says that he is Representative from the 1st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walker County Messenger which is the official organ of Walker County, on the following date: February 1, 1989.

Page 4037

/s/ Michael M. Snow Representative, 1st District Sworn to and subscribed before me, this 21st day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 22, 1989. CLAYTON JUDICIAL CIRCUIT DISTRICT ATTORNEY; SALARY SUPPLEMENT. No. 108 (House Bill No. 1003). AN ACT To amend an Act providing for a county supplement to the state salary of the district attorney of the Clayton Judicial Circuit, approved March 4, 1977 (Ga. L. 1977, p. 2856), as amended, particularly by an Act approved March 25, 1986 (Ga. L. 1986, p. 4760), so as to change the amount of said supplement; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for a county supplement to the state salary of the district attorney of the Clayton Judicial Circuit, approved March 4, 1977 (Ga. L. 1977, p. 2856), as amended, particularly by an Act approved March 25, 1986 (Ga. L. 1986, p. 4760), is amended by striking from Section 1 the following:

Page 4038

$7,500.00, and inserting in lieu thereof the following: $12,000.00, so that when so amended Section 1 shall read as follows: Section 1. In addition to the salary payable from state funds, the district attorney of the Clayton Judicial Circuit shall receive a county supplement of $12,000.00 per annum payable in equal monthly installments out of the funds of Clayton County. The governing authority of Clayton County is authorized and directed to pay to the district attorney the additional compensation provided for herein. Section 2. This Act shall become effective on July 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 1989 session of the General Assembly of Georgia a bill to amend an Act providing for a county supplement to the state salary of the district attorney of the Clayton Judicial Circuit, approved March 4, 1977 (Ga. L. 1977, p. 2856), as amended; and for other purposes. This 17th day of February, 1989. Clayton County Legislative Delegation GEORGIA, FULTON COUNTY

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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 17, 1989. /s/ Frank I. Bailey, Jr. Representative, 72nd District Sworn to and subscribed before me, this 24th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 22, 1989. CLAYTON JUDICIAL CIRCUIT JUDGES; SALARY SUPPLEMENT. No. 109 (House Bill No. 1004). AN ACT To amend an Act providing for a supplement to the salaries of the judges of the Superior Court of the Clayton Judicial Circuit, approved April 10, 1969 (Ga. L. 1969, p. 353), as amended, particularly by an Act approved March 25, 1986 (Ga. L. 1986, p. 4756), so as to change the county supplement to the state salary of said judges; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 4040

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for a supplement to the salaries of the judges of the Superior Court of the Clayton Judicial Circuit, approved April 10, 1969 (Ga. L. 1969, p. 353), as amended, particularly by an Act approved March 25, 1986 (Ga. L. 1986, p. 4756), is amended by striking from Section 1 the following: $10,000.00, and inserting in lieu thereof the following: $14,000.00, so that when so amended Section 1 shall read as follows: Section 1. In addition to the salary payable from state funds, each judge of the Superior Court of Clayton Judicial Circuit shall receive a supplement of $14,000.00 per annum, payable in equal monthly installments out of the funds of Clayton County. The governing authority of Clayton County is authorized and directed to pay to each judge the compensation provided for herein. Section 2. This Act shall become effective on July 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 1989 session of the General Assembly of Georgia a bill to amend an Act providing for a supplement to the salaries of the judges of the Superior Court of the Clayton Judicial Circuit, approved April 10, 1969 (Ga. L. 1969, p. 353), as amended; and for other purposes.

Page 4041

This 17th day of February, 1989. 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 17, 1989. /s/ Frank I. Bailey, Jr. Representative, 72nd District Sworn to and subscribed before me, this 24th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 22, 1989.

Page 4042

CLAYTON COUNTY STATE COURT; JUDGE; SOLICITOR; DEPUTY CLERK; COMPENSATION. No. 110 (House Bill No. 1005). 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 24, 1988 (Ga. L. 1988, p. 4772), 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 24, 1988 (Ga. L. 1988, p. 4772), is amended by striking from Section 1A the following: $30,225.00, and substituting in lieu thereof the following: $32,000.00, 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 shall 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 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

Page 4043

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 $32,000.00 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: $56,000.00, and substituting in lieu thereof the following: $58,800.00, 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 $58,800.00 per annum which shall be paid monthly by the board of commissioners of Clayton County. The judges of the State Court of Clayton County shall receive no other compensation for serving as judges of said court, and they shall not engage in the private practice of law in any capacity during their tenure as judges of said court, and they shall not be eligible to hold any other public office while serving as judges of said court. The salary of each judge shall be paid out of the general funds of Clayton County. Section 3. Said Act is further amended by striking from Section 6 the following: $40,050.00, and substituting in lieu thereof the following: $42,900.00,

Page 4044

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 $42,900.00 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 July 1, 1989. 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 1989 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 17th day of February, 1989. 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 17, 1989.

Page 4045

/s/ Frank I. Bailey, Jr. Representative, 72nd District Sworn to and subscribed before me, this 24th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 22, 1989. CLAYTON COUNTY TAX COMMISSIONER; DEPUTY TAX COMMISSIONER; COMPENSATION. No. 111 (House Bill No. 1006). 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 24, 1988 (Ga. L. 1988, p. 4770), 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,

Page 4046

particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4770), is amended by striking from subsection (b) of Section 7 the following: $39,300.00, and substituting in lieu thereof the following: $41,300.00, 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 $41,300.00 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: $30,225.00, and substituting in lieu thereof the following: $32,000.00, 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 $32,000.00 per annum, payable in equal monthly installments from the funds of Clayton County. Section 3. This Act shall become effective on July 1, 1989. Section 4. All laws and parts of laws in conflict with this Act are repealed.

Page 4047

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 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 17th day of February, 1989. 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 17, 1989. /s/ Frank I. Bailey, Jr. Representative, 72nd District Sworn to and subscribed before me, this 24th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 22, 1989.

Page 4048

CLAYTON COUNTYSHERIFF; CLERK OF THE SUPERIOR COURT; DEPUTY CLERK; COMPENSATION. No. 112 (House Bill No. 1007). AN ACT To amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4763), 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 24, 1988 (Ga. L. 1988, p. 4763), is amended by striking from Section 1 the following: $39,300.00, and inserting in lieu thereof the following: $41,300.00, 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

Page 4049

county funds and accountable for as such. The sheriff and the clerk of the superior court shall each receive a salary of $41,300.00 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: $30,225.00, and inserting in lieu thereof the following: $32,000.00, 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 $32,000.00 per annum, payable in equal monthly installments out of the funds of Clayton County. Section 3. This Act shall become effective on July 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 1989 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.

Page 4050

This 17th day of February, 1989. 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 17, 1989. /s/ Frank I. Bailey, Jr. Representative, 72nd District Sworn to and subscribed before me, this 24th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 22, 1989.

Page 4051

CLAYTON COUNTY BOARD OF COMMISSIONERS; COMPENSATION; FINAL REPORT AND AUDIT. No. 113 (House Bill No. 1008). AN ACT To amend an Act creating the board of commissioners of Clayton County, approved February 8, 1955 (Ga. L. 1955, p. 2064), as amended, particularly by an Act approved April 13, 1967 (Ga. L. 1967, p. 3058) and an Act approved March 15, 1988 (Ga. L. 1988, p. 3992), so as to change the compensation of the chairman and other members of the board; to extend the number of days within which the final report and audit shall be submitted to the board; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the board of commissioners of Clayton County, approved February 8, 1955 (Ga. L. 1955, p. 2064), as amended, particularly by an Act approved April 13, 1967 (Ga. L. 1967, p. 3058) and an Act approved March 15, 1988 (Ga. L. 1988, p. 3992), is amended by striking from Section 7 the following: $56,575.00 and $2,400.00, respectively, and substituting in lieu thereof the following: $60,000.00 and $3,000.00, 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 $60,000.00 per annum, to be paid in equal monthly installments from the funds of Clayton County. The chairman of the board shall also receive an annual expense allowance of $3,000.00 per annum payable out of the funds of the county and shall be entitled to a county automobile while engaged in county business. The other four members of the board shall be compensated in the amount of $9,775.00 per annum to be paid in equal monthly installments. Each of the

Page 4052

other members of the board shall receive an annual expense allowance of $3,000.00 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. Said Act is further amended by striking from the first sentence of subsection (b) of Section 14 the figure 120 and substituting in lieu thereof the figure 165 so that subsection (b) of Section 14 when so amended shall read as follows: (b) The auditor so appointed shall make the audits provided for herein in accordance with generally accepted accounting procedures and principles and shall submit a complete and final report and audit to the board of commissioners not later than 165 days after the close of the fiscal year of Clayton County. All audits provided for herein shall be certified to include and shall include, but shall not be limited to, a full and complete audit containing a balance sheet, profit and loss statement, a statement of all receipts and disbursements, and a statement showing all indebtedness of whatever kind of the county, its departments and agencies, and the Clayton County Water Authority. Such audit shall, in addition to showing a complete audit on a county basis, contain a separate audit for each department and agency of the county government and the Clayton County Water Authority. In the statement of receipts and disbursements, said auditor shall list the names of the persons, firms, or corporations who received a total of $100.00 or more during the preceding fiscal year and show for what purposes these funds were received; for example, salaries, supplies, machinery, etc. Should such auditor discover any violation of the laws of Georgia or any irregularities in any of the finances or accounts of the county, its departments and agencies, and the Clayton County Water Authority, it shall be the duty of such auditor to report immediately such violation or irregularity to the board of commissioners and to the grand jury then in session, or

Page 4053

if no grand jury is in session, then to the first grand jury convened after such violations or irregularities are discovered. Section 3. This Act shall become effective on July 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 1989 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 17th day of February, 1989. 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 17, 1989. /s/ Frank I. Bailey, Jr. Representative, 72nd District

Page 4054

Sworn to and subscribed before me, this 24th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 22, 1989. TOWN OF THUNDERBOLT CORPORATE LIMITS. No. 114 (House Bill No. 1010). AN ACT To amend an Act creating a new charter for the Town of Thunderbolt, approved March 25, 1974 (Ga. L. 1974, p. 3269), as amended, particularly by an Act approved March 21, 1980 (Ga. L. 1980, p. 3653), so as to change the corporate limits of the town; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a new charter for the Town of Thunderbolt, approved March 25, 1974 (Ga. L. 1974, p. 3269), as amended, particularly by an Act approved March 21, 1980 (Ga. L. 1980, p. 3653), is amended by adding a new subsection (c) to Section 2 of said Act to read as follows: (c) The corporate limits shall further include: Beginning at the intersection of the southern right-of-way line of Sunset Boulevard and the centerline of the Placentia Canal; thence in a northerly direction along the centerline of

Page 4055

the Placentia Canal to its intersection with the city limits of the City of Thunderbolt; thence in an easterly direction along the Thunderbolt city limits to its intersection with the centerline of Whatley Avenue; thence in a southerly direction along the centerline of Whatley Avenue to its intersection with the northern right-of-way line of Tompkins Road; thence in a westerly direction along the northern right-of-way line of Tompkins Road to a point of 450 feet east of its intersection with the centerline of the Placentia Canal (said point is also located on the eastern property line of a 3.0/- acre tract of land belonging to Savannah State College); thence in a northerly direction along a line perpendicular to the centerline of Tompkins Road for a distance of approximately 290 feet to a point (said line following the eastern property line of a 3.0/- acre tract of land belonging to Savannah State College); thence in a westerly direction along a line parallel to and 121 feet south of the southern right-of-way line of Warsaw Place (said line following the northern property line of a 3.0/- acre tract of land belonging to Savannah State College), to its intersection with the centerline of the Placentia Canal; thence in a northerly direction along the centerline of the Placentia Canal to its intersection with the southern right-of-way line of Sunset Boulevard, said point being the point of beginning. Section 2. All laws and parts of laws in conflict with this Act are repealed. STATE OF GEORGIA CHATHAM COUNTY Affidavit of Publication X Savannah Morning News X Savannah Evening Press Personally appeared before me, Saundra G. Williams, to me known, who being sworn, deposes and says: That she is the Classified Adv. Supv. of Southeastern Newspaper 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;

Page 4056

That she 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 she has reviewed the regular editions of the Savannah Morning News/Savannah Evening Press, published on Feb. 3, 1989, 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 1989 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the Town of Thunderbolt, approved March 25, 1974 (Ga. L. 1974, p. 3269), as amended; and for other purposes. This 3rd day of February 1989. James P. Harte, Jr. City Administrator appeared in each of said editions.

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/s/ Saundra G. Williams (Deponent) Sworn to and subscribed before me this 22 day of Feb., 1989. /s/ Diane M. Strickland Notary Public, Chatham County, Ga. My Commission Expires Apr. 28, 1989 (SEAL) Approved March 22, 1989. CHEROKEE COUNTY BOARD OF EDUCATION; PER DIEM COMPENSATION. No. 115 (House Bill No. 1012). AN ACT To amend an Act providing for the membership of the Board of Education of Cherokee County, approved April 17, 1973 (Ga. L. 1973, p. 3207), as amended, particularly by an Act approved March 20, 1986 (Ga. L. 1986, p. 4393), so as to provide for a per diem for the members of the board of education; to provide that such per diem shall be approved by the board; 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 providing for the membership of the Board of Education of Cherokee County, approved April 17, 1973 (Ga. L. 1973, p. 3207), as amended, particularly by an Act approved

Page 4058

March 20, 1986 (Ga. L. 1986, p. 4393), is amended by adding immediately following Section 4A a new Section 4B to read as follows: Section 4B. Notwithstanding the provisions of Code Section 20-2-55 of the O.C.G.A., members of the board of education shall, after approval by the board, receive a per diem of $100.00 for each day of attendance at meetings of the board. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Notice is hereby given that there will be introduced in the regular session of the 1989 General Assembly a bill to raise the per diem paid to the Cherokee County Board of Education. Representatives Bill Barnett, William G. Hasty, Sr., and Steve Stancil. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Steve Stancil, 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 19, 1989. /s/ Steve Stancil Representative, 8th District

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Sworn to and subscribed before me, this 23rd day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 22, 1989. ROCKDALE COUNTYBOARD OF COMMISSIONERS; VACANCIES. No. 116 (House Bill No. 1014). AN ACT To amend an Act creating a board of commissioners for Rockdale County, approved March 4, 1977 (Ga. L. 1977, p. 2817), as amended, particularly by an Act approved March 19, 1981 (Ga. L. 1981, p. 3152), so as to change the method of filling vacancies; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a board of commissioners for Rockdale County, approved March 4, 1977 (Ga. L. 1977, p. 2817), as amended, particularly by an Act approved March 19, 1981 (Ga. L. 1981, p. 3152), is amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows: Section 5. (a) Except as set forth in Section 3, all elections for members of the board of commissioners created by this Act shall be held and conducted in accordance with the provisions of

Page 4060

Chapter 2 of Title 21 of the O.C.G.A., known as the `Georgia Election Code,' as now or hereafter amended. (b) In the event of a vacancy in the office of chairman of the board of commissioners or of a commissioner or commissioners, either of whose unexpired term equals or exceeds 365 days, it shall be the duty of the judge of the Probate Court of Rockdale County to call a special election for the filling of such vacancy or vacancies, which election shall be governed by the provisions of said `Georgia Election Code' relative to special elections for the filling of vacancies. Such special election shall be held not less than 90 days from the date of the creation of the vacancy; provided, however, that if a primary or general election is to be held not less than 90 nor more than 150 days after such call is issued the election shall be conducted on the primary or general election date. It shall be the further duty of the judge of the Probate Court of Rockdale County to appoint within ten days following the vacancy or vacancies an interim chairman or commissioner or commissioners as appropriate to serve pending the election of a new chairman or commissioner or commissioners. Said interim appointee(s) shall be subject to the same qualifications, oath, and bond as a duly elected or permanently appointed chairman or commissioner or commissioners. (c) In the event of a vacancy in the office of chairman of the board of commissioners or of a commissioner or commissioners, either of whose unexpired term does not equal or exceed 365 days, it shall be the duty of the remaining elected member or members of the commission to fill vacancies by permanent appointment. The said appointment or appointments shall be made within 20 days following the occurrence of the vacancy or vacancies. If only one elected commissioner remains at that point in time, he shall make both appointments for less than 365 days. If, however, there are two remaining elected members of the commission and they cannot unanimously agree on a suitable appointee, then, after the 20 days aforesaid have passed, both remaining elected commissioners shall submit an appointee's name to the judge of the Probate Court of Rockdale County, whose duty it shall then be to select one name or the other within 24 hours after submission. (d) If all seats on the commission shall become vacant concurrently and if any unexpired term is for less than 365 days,

Page 4061

the judge of the Probate Court of Rockdale County shall proceed to fill such vacancy or vacancies by appointment. All remaining vacancies for which the unexpired term equals or exceeds 365 days shall then be filled by following the procedure set out in subsection (b) hereinabove. (e) All persons elected or appointed to fill vacancies pursuant to the provisions of this section, except interim appointees, shall serve for the remainder of the unexpired term of any such office. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF LOCAL LEGISLATION A BILL TO BE ENTITLED AN ACT To amend an Act creating a board of commissioners for Rockdale County, approved March 4, 1977 (Ga. L. 1977, p. 2817), as amended, particularly by an Act approved March 19, 1981 (Ga. L. 1981, p. 3152), so as to change the method of filling vacancies; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Troy 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: February 23, 1989. /s/ Troy Athon Representative, 57th District

Page 4062

Sworn to and subscribed before me, this 28th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 22, 1989. CITY OF ALBANY HOMESTEAD EXEMPTION; REFERENDUM. No. 117 (House Bill No. 1016). 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 home-stead 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.

Page 4063

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. Section 6. The exemptions granted by this Act shall apply to all taxable years beginning after January 1, 1989, and all subsequent taxable years. 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 date of and in conjunction with the August, 1989, City of Albany municipal primary and shall issue the call therefor nor 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 Shall the Act providing a $2,000.00 homestead exemption from City of Albany ad valorem taxes for residents of () NO 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?

Page 4064

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. NOTICE OF INTENTION TO INTRODUCE LEGISLATION Notice is given that there will be introduced at the regular 1989 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 $2,000.00 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 $2,000.00 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 22nd day of February, 1989. James V. Davis City Attorney City of Albany, Georgia

Page 4065

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 25, 1989. /s/ Tommy Chambless Representative, 133rd District Sworn to and subscribed before me, this 27th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 22, 1989. TOWN OF TYRONE MAYOR AND COUNCIL; QUALIFICATIONS. No. 118 (House Bill No. 1017). AN ACT To amend an Act repealing and replacing the charter of the Town of Tyrone, approved April 17, 1975 (Ga. L. 1975, p. 3876), as amended, so as to provide that candidates for the offices of mayor and

Page 4066

councilmember shall have been a resident of such town for two years and shall be at least 21 years of age at the time of the election for such office; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act repealing and replacing the charter of the Town of Tyrone, approved April 17, 1975 (Ga. L. 1975, p. 3876), as amended, is amended by striking in its entirety Section 2.102 and inserting in lieu thereof a new Section 2.102 to read as follows: Section 2.102. Qualifications of Office. No person shall be elected to serve as mayor or councilmember until he or she shall have been a resident of the Town of Tyrone for a period of two years immediately prior to the election of the mayor or members of the council, and he or she shall continue to reside therein during the period of service and shall have attained 21 years of age prior to the date of the election. Section 2. Said Act is further amended by striking in its entirety Section 3.102 and inserting in lieu thereof a new Section 3.102 to read as follows: Section 3.102. Terms; Qualifications; Compensation. The mayor shall be elected for a term of two years and until his successor is elected and qualified. He shall have attained the age of 21 years prior to the date of the election and shall have been a resident of the Town of Tyrone for a period of two years immediately preceding his election. He shall continue to reside in the Town of Tyrone during the period of his service. The mayor shall receive such annual salary as shall be fixed by the town council which shall not be reduced during the term for which he shall have been appointed or elected. The mayor shall also receive compensation for any actual and necessary expenses incurred in the performance of his duties of office as provided in Section 2.104. Section 3. All laws and parts of laws in conflict with this Act are repealed.

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Pursuant to Section 36-35-3 (b) (1), O.C.G.A., notice is hereby given that there will be introduced at the January, 1989 Session of the General Assembly of Georgia a bill to amend the Town Charter of the Town of Tyrone, Georgia Article II, Chapter 2, Section 2.102 and also to amend Article II, Chapter 3, Section 3.102, both such sections pertaining to qualification for persons holding the office of Mayor or Council member so as to require such persons to have resided within the Town of Tyrone the entire two (2) year period immediately proceding their election and to further require that such persons shall have attained twenty-one (21) years of age prior to their election. A copy of the proposed amendment is on file in the office of the Town Clerk of the Town of Tyrone, Georgia and in the office of the Clerk of Superior Court for Fayette County, Georgia and is available for inspection upon request. This 19th day of January, 1989. Norman E. Davis, Mayor GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul Heard, Jr., who, on oath, deposes and says that he is Representative from the 43rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fayette County News which is the official organ of Fayette County, on the following date: February 8, 1989. /s/ Paul Heard, Jr. Representative, 43rd District

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Sworn to and subscribed before me, this 28th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 22, 1989. PUTNAM COUNTY CORONER; DEPUTY CORONER; COMPENSATION; EXPENSES. No. 119 (House Bill No. 281). AN ACT To amend an Act placing the coroner of Putnam County upon a monthly salary in lieu of the fee system, approved February 22, 1965 (Ga. L. 1965, p. 2040), as amended, so as to change the compensation of the coroner; to provide for compensation of the deputy coroner; to provide for certain expense allowances, reimbursements, and 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. An Act placing the coroner of Putnam County upon a monthly salary in lieu of the fee system, approved February 22, 1965 (Ga. L. 1965, p. 2040), as amended, is amended by striking Section 1 and inserting in its place a new Section 1 to read as follows: Section 1. (a) The coroner of Putnam County is hereby placed upon a salary of $400.00 per month in lieu of the fee system of compensation formerly allowed the coroner. Such

Page 4069

salary shall be in lieu of all fees, commissions, emoluments, and perquisites of whatever kind formerly allowed the coroner of Putnam County for his services as such. Such salary shall be payable from the funds of Putnam County. (b) The deputy coroner shall receive a salary of $100.00 per month payable from the funds of Putnam County. (c) In addition to the compensation provided for in subsections (a) and (b) of this section the coroner and the deputy coroner shall, when taking the training course required by Code Section 45-16-6 of the O.C.G.A., receive the same expense allowance per day as that received by a member of the General Assembly, plus reimbursement of actual transportation costs while traveling by public carrier, or the legal mileage rate for the use of a personal automobile, and registration fees for such training course. Such expense allowance and reimbursements shall be paid by the county governing authority 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 Notice is hereby given of intent to introduce local legislation in the 1989 General Assembly of the State of Georgia to adjust the compensation of the Coroner's Office of Putnam County. GEORGE F. GREEN State Representative 106 District

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STATE OF GEORGIA COUNTY OF PUTNAM AFFIDAVIT OF PUBLISHER Personally appeared before me, the undersigned officer, duly authorzed to administer oaths in said State and County, Mrs. Battle Smith, who, having been duly sworn, deposes and says on oath that she is Publisher of The Eatonton Messenger, that, as such, she is authorized to make this affidavit, and that the attached notice was published in The Eatonton Messenger a local newspaper of general circulation in Putnam County, Georgia, on 12-29, 22, 15, 1988. This 30 day of December, 1988. /s/ Mrs. Battle Smith Publisher Sworn to and subscribed before me this 30 day of December, 1988. /s/ Sloan Gregory Notary Public My Commission Expires Jan. 27, 1992 (SEAL) Approved March 22, 1989.

Page 4071

GWINNETT COUNTY COUNTY SURVEYOR. No. 120 (House Bill No. 290). AN ACT To abolish the office of elected county surveyor of Gwinnett County; to provide for the appointment of said official by the county governing authority; to provide conditions for this Act to become effective on a certain date; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. (a) Pursuant to the authority of Code Section 36-7-2.1 of O.C.G.A., the office of elected county surveyor of Gwinnett County is abolished. The governing authority of Gwinnett County shall appoint a qualified person to hold the office of county surveyor for a term of four years from the date of appointment. Successors shall also be appointed for terms of four years. Any person appointed county surveyor shall possess the qualifications specified by paragraph (1) of subsection (b) of Code Section 36-7-2 of the O.C.G.A. (b) Subsection (a) of this section shall be effective to abolish the office of elected county surveyor of Gwinnett County only if on the date this Act becomes effective the office of county surveyor of Gwinnett County is vacant or the person holding such office was appointed to fill a vacancy pursuant to the provisions of Code Section 36-7-3 of the O.C.G.A. Section 2. This Act shall become effective on July 1, 1989, only if a bill creating Code Section 36-7-2.1 of the O.C.G.A. is enacted at the 1989 regular session of the General Assembly and becomes law prior to July 1, 1989. Section 3. 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 1989 session of the General Assembly of Georgia a bill to abolish the office of elected county surveyor of Gwinnett County and for the appointment of said official by the county governing authority; to provide for conditions for effectiveness; and for other purposes. This 10th day of Jan. 1989. /s/ Vinson Wall Honorable Vinson Wall Representative, 61st District 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: January 20, 1989. /s/ Vinson Wall Representative, 61st District

Page 4073

Sworn to and subscribed before me, this 23rd day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 22, 1989. CITY OF TIFTON CITY COMMISSION; CHAIRMAN AND VICE-CHAIRMAN; TERMS No. 121 (House Bill No. 373). AN ACT To amend an Act providing a new charter for the City of Tifton, approved March 30, 1977 (Ga. L. 1977, p. 4353), as amended, so as to change the terms of office of the Chairman and Vice-Chairman of the City Commission; 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 Tifton, approved March 30, 1977 (Ga. L. 1977, p. 4353), as amended, is amended by striking Section 2.05 and inserting in its place a new Section 2.05 to read as follows: Section 2.05. Chairman and Vice-Chairman of City Commission. There shall be a Chairman and Vice-Chairman of the City Commission. In the city election to be held in 1989, and biennially thereafter, there shall be elected by the electors of the City of Tifton a Chairman and Vice-Chairman of the City

Page 4074

Commission who shall serve for a term of two years and until their successors are elected and qualified. Section 2. Said Act is further amended by striking Section 6.01 and inserting in its place a new Section 6.01 to read as follows: Section 6.01. Regular Elections; Time for Holding. On the second Wednesday in October of each year there shall be an election for the offices of commissioners of the post whose terms expire at the end of the year in which the election is held. On the second Wednesday in October, 1989, and biennially thereafter, there shall be an election for the offices of Chairman of the City Commission and Vice-Chairman of the City Commission. The term of each person who is elected to any of these offices shall commence on the first day of the next January following the election. The elections herein provided for shall be under the management and control of an election superintendent and three citizens of the City of Tifton, all of whom shall be appointed by the Commission. 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 1989 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Tifton, approved March 30, 1977 (Ga. L. 1977, p. 4353), as amended; and for other purposes. This 18th day of January, 1989. (s) Henry Bostick Representative, 138th District

Page 4075

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 19, 1989. /s/ Henry Bostick Representative, 138th District Sworn to and subscribed before me, this 23rd day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 22, 1989. CITY OF OAKWOOD COUNCIL; ORGANIZATIONAL MEETING; ELECTION DATE; MAYOR AND COUNCIL; TERMS. No. 122 (House Bill No. 422). AN ACT To amend an Act creating a new charter for the City of Oakwood, approved March 9, 1979 (Ga. L. 1979, p. 3089), as amended, so as to require the city council to hold an organizational meeting in

Page 4076

January following each general municipal election; to change the day of elections; to change the terms of office of the mayor and members of the council; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a new charter for the City of Oakwood, approved March 9, 1979 (Ga. L. 1979, p. 3089), as amended, is amended by striking Section 2.8 in its entirety and substituting in lieu thereof a new Section 2.8 to read as follows: Section 2.8. Organizational meeting. The city council shall hold an organizational meeting in January following each general municipal election. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members as follows: `I do solemnly swear (or affirm) that I will faithfully perform the duties of (mayor or council member as the case may be) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America.' Section 2. Said Act is further amended by striking Section 5.1 in its entirety and substituting in lieu thereof a new Section 5.1 to read as follows: Section 5.1. Applicability of general law. All primaries and elections shall be held and conducted in accordance with the ordinances of the city and Chapter 3 of Title 21 of the O.C.G.A., known as the `Georgia Municipal Election Code,' as now or hereafter amended. Section 3. Said Act is further amended by striking Section 5.2 in its entirety and substituting in lieu thereof a new Section 5.2 to read as follows: Section 5.2. Regular elections; time for holding; election by majority. (a) (1) On Tuesday next

Page 4077

following the first Monday in November, 1989, and on that day every two years thereafter there shall be a general municipal election for successors to the mayor and the other members of the city council whose terms of office expire the following January. (2) The mayor shall be elected at the general municipal election conducted in 1989 and quadrennially thereafter. (3) (A) For the purpose of electing members of the city council, the City of Oakwood shall consist of one election district with five numbered posts designated as Posts 1 through 5, respectively. Persons seeking election to the council shall select the post for which they offer as a candidate. (B) The members of the city council representing Posts 1 and 2 shall be elected at the general municipal election in 1989 and quadrennially thereafter. (C) The members of the city council representing Posts 3, 4, and 5 shall be elected on Tuesday next following the first Monday in November, 1990, and shall serve until the organizational meeting in January, 1996. Successors to the members of the city council representing Posts 3, 4, and 5 shall be elected at the general municipal election in November, 1995, and quadrennially thereafter. (4) The terms of office of the mayor and the other members of the city council shall commence at the time of taking the oath of office as provided in Section 2.8 of this charter and they shall serve until their successors are duly elected and qualified. (b) (1) The candidate receiving a majority of the votes cast shall be declared the winner of the elective city office such candidate is seeking. (2) In the event that no candidate receives a majority of the votes cast, a run-off election shall be held and conducted in accordance with the ordinances of the city and Chapter 3 of Title 21 of the O.C.G.A., known as the `Georgia Municipal Election Code,' as now or hereafter amended.

Page 4078

(3) In the event of a tie between the two candidates receiving the highest number of votes, a special election shall be held and conducted in accordance with the ordinances of the city and Chapter 3 of Title 21 of the O.C.G.A., known as the `Georgia Municipal Election Code,' as now or hereafter amended. 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 1989 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Oakwood, approved March 9, 1979 (Ga. L. 1979, p. 3089), as amended, so as to require the city council to hold an organizational meeting in January following each general municipal election; to change the day of elections; to change the terms of office of the mayor and members of the council; to provide for related matters; and for other purposes. This 18th day of January, 1989. Lamar Scroggs, Mayor, City of Oakwood, Ga. 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: January 19, 1989.

Page 4079

/s/ Jerry D. Jackson Representative, 9th District Sworn to and subscribed before me, this 24th day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 22, 1989. CITY OF ALBANY AND DOUGHERTY COUNTY JOINT COUNTY-MUNICIPAL BOARD OF REGISTRATION AND ELECTIONS; MEMBERSHIP; CHAIRPERSON; TERMS; POWERS. No. 123 (House Bill No. 526). AN ACT To amend an Act providing for the Joint County-Municipal Board of Registration and Elections for Doughterty County and the City of Albany, approved March 18, 1986 (Ga. L. 1986, p. 3831), so as to change the provisions relating to membership of the joint board; to remove the supervisor of registration and elections from membership on the joint board; to provide for the selection and term of a chairperson; to provide for affidavits; to provide for initial and regular terms of office; to change the provisions relating to powers, duties, and responsibilities of the joint board; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

Page 4080

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for the Joint County-Municipal Board of Registration and Elections for Dougherty County and the City of Albany, approved March 18, 1986 (Ga. L. 1986, p. 3831), is amended by striking subsection (c) of Section 2 of said Act and inserting in lieu thereof a new subsection (c) to read as follows: (c) The fifth member shall be selected by the other four members of the joint board immediately after they take office as members of the joint board. The five members of the joint board shall select a chairperson from among their membership, and the person selected as chairperson shall have a term as such of two years. Section 2. 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. Except for the fifth member of the joint board who is to be selected by the other four members, no person shall take office as a member of the joint board unless the respective appointing or electing authority files an affidavit with the clerk of the Superior Court of Dougherty County no later than 30 days immediately preceding the date on which such member is to take office, stating the name and residential address of the person appointed or elected and certifying that such member has been duly appointed or elected as provided in this Act. The four members, immediately after selecting the fifth member, shall file such an affidavit with the clerk stating the name and residential address of the fifth member. The clerk of the superior court shall record each such certification on the minutes of the superior court and shall certify the name of each appointed or elected member and shall provide for the issuance of appropriate commissions to the members within the same time and in the same manner as provided by state general law for registrars. In the event any appointing or electing authority fails to make a regular appointment or election within the time specified in this section or in Section 2 of this Act or fails to make an interim appointment or election to fill a vacancy in the joint board 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

Page 4081

concurrence of the governing authorities of Dougherty County and the City of Albany. Section 3. Said Act is further amended by striking Section 5 of said Act and inserting in lieu thereof a new Section 5 to read as follows: Section 5. The initial appointees of the political party executive committees, of Dougherty County, and of the City of Albany shall serve for a term of office beginning July 1, 1987, and expiring at the end of December 31, 1988, and until the selection and qualification of their respective successors. Not later than July 1, 1989, the four appointed members of the joint board in office on such date shall select a fifth member for an initial term expiring at the end of December 31, 1990, and until the selection and qualification of a successor. Thereafter, all appointees shall serve for a term of two years beginning on the first day of January immediately following the expiration of the respective member's term of office and until a successor is appointed or selected and qualified, except in the event of resignation or removal as hereinafter provided. Successors shall be appointed in the manner specified in Section 2 of this Act for the appointment of the member who is being succeeded. Members shall be eligible to succeed themselves and shall have the right to resign at any time by giving written notice of resignation to the respective appointing or selecting authority and to the clerk of the Superior Court of Dougherty County. Members shall also be subject to removal from the joint board at any time, for cause, after notice and hearing, by the appointing or selecting authority but otherwise in the same manner as provided by general state law for the removal of registrars. 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. The compensation of the members of the joint board shall be fixed and paid by the governing authority of Dougherty County. 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:

Page 4082

Section 7. In the event a vacancy occurs in the office of any member before the expiration of that member's term of office, whether by removal, death, resignation, or otherwise, the respective appointing or electing authority shall appoint or elect a successor to serve the remainder of the unexpired term and until a successor is regularly appointed or elected. Section 6. Said Act is further amended by striking subsection (a) of Section 9 of said Act and inserting in lieu thereof a new subsection (a) to read as follows: (a) The joint board shall exercise all of the duties and powers with regard to the preparation, conduct, and administration of primaries and elections granted to and exercised by the Dougherty County Board of Elections pursuant to the constitutional amendment proposed as Resolution No. 222 of the 1970 session of the General Assembly of Georgia (Ga. L. 1970, p. 1127), notwithstanding the repeal of said constitutional amendment, and to county and municipal election superintendents by general law and to municipal election superintendents by the charter of the City of Albany, Georgia. The joint board shall also exercise all of the powers, duties, and responsibilities granted to and incumbent upon a board of registrars by general law and to the Joint Board of Registrars for Dougherty County and the City of Albany created by an Act approved April 10, 1971 (Ga. L. 1971, p. 3543). It is the purpose and intention of this Act to grant to the joint board all powers, duties, and responsibilities relating to the registration of voters and to the preparation, conduct, and administration of primaries and elections in and for Dougherty County and the City of Albany. Section 7. Said Act is further amended by striking Section 13 of said Act and inserting in lieu thereof a new Section 13 to read as follows: Section 13. The joint board shall fix and establish by appropriate resolution entered on its minutes directives governing the execution of matters within its jurisdiction. Section 8. All laws and parts of laws in conflict with this Act are repealed.

Page 4083

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to amend an Act providing for the Joint County-Municipal Board of Registration and Elections for Dougherty County and the City of Albany, approved March 18, 1986 (Ga. L. 1986, p. 3631); and for other purposes. This 24th day of January, 1989. Tommy Chambless Representative, District 133rd 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 27, 1989. /s/ Tommy Chambless Representative, 133rd District Sworn to and subscribed before me, this 30th day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 22, 1989.

Page 4084

CITY OF SHILOH HOMESTEAD EXEMPTION; REFERENDUM. No. 124 (House Bill No. 530). AN ACT To provide a $2,000.00 homestead exemption from ad valorem taxes of the City of Shiloh for certain individuals; to specify the terms and conditions of the exemption and the procedures relating thereto; 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. 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 Shiloh, Georgia, is granted an exemption from City of Shiloh ad valorem taxes in the amount of $2,000.00 on a residence owned and occupied by such person. 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 Shiloh may by ordinance provide procedures and requirements necessary for the proper administration of the exemptions granted by this Act. Section 4. The exemptions 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 exemptions granted by this Act shall apply to all taxable years beginning after December 31, 1989.

Page 4085

Section 6. The governing authority of the City of Shiloh 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 7. 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 Shiloh or its designee in the event that such person for any reason becomes ineligible for that exemption. Section 8. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Shiloh 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 Shiloh for approval or rejection. The election superintendent shall conduct that election on the same date of the municipal general election 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 Harris County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which grants a $2,000.00 homestead exemption from the City of Shiloh ad valorem taxes for residents of the 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

Page 4086

repealed upon the date the election results are certified under this section. The expense of such election shall be borne by the City of Shiloh. 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 1989 session of the General Assembly of Georgia a bill to provide for a homestead exemption from all City of Shiloh ad valorem taxes, which exemption shall apply to the homestead of each resident of the City of Shiloh actually occupied by the owner as a residence and homestead; and for other purposes. This 14th day of January, 1989. HARRY S. McCLURE MAYOR, CITY OF SHILOH 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 19, 1989.

Page 4087

/s/ Roy D. Moultrie Representative, 93rd District Sworn to and subscribed before me, this 23rd day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 22, 1989. AUGUSTA PORTS AUTHORITY PROJECTS; POWERS. No. 125 (House Bill No. 536). AN ACT To amend an Act creating the Augusta Ports Authority, approved March 10, 1959 (Ga. L. 1959, p. 2761), as amended, so as to change the definition of the term project; to change the provisions relating to powers of the authority; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the Augusta Ports Authority, approved March 10, 1959 (Ga. L. 1959, p. 2761), as amended, is amended by striking in its entirety subsection (b) of Section 2 and inserting in lieu thereof a new subsection (b) to read as follows:

Page 4088

(b) The word `project' shall be deemed to mean and include commercial and/or recreational development and activities, as well as special educational and/or entertainment events on the Savannah River or its shores. It shall also be deemed to mean and include the acquisition of lands, properties, and improvements by purchase, lease, or otherwise for industrial or manufacturing use, expansion and development, wharves, docks, terminals, ships, ferries, piers, quays, elevators, compresses, refrigeration storage plants, warehouses, buildings, and facilities to be used in the manufacturing, processing, assembling, storing, or handling of any agricultural or manufactured produce or produce of mining or industry, if the use and operation thereof will in the judgment of the Authority result in the increased use of the port facilities of the Port of Augusta. Any project may include other structures and any and all facilities needful for the convenient use of the same in the aid of commercial and/or recreational development, special educational and/or entertainment events, commerce, including the dredging of approaches thereto, and the construction of belt line railroads, railroad sidings, roads, highways, bridges, and causeways necessary or useful in connection therewith, and shipping facilities and transportation facilities incident thereto and useful or convenient for the use thereof, including terminal railroads, and also airports, seaplane bases, air transportation terminals, and truck terminals. There may be included as a part of any project any public utility facilities necessary or desirable to supply public utility services to other parts of such project or to the users of any of the facilities of the Authority which public utility facilities may include, but without limitation, facilities for the supplying of electricity, gas, and water and for the collection and disposal of storm and sanitary sewage. There may be included as part of any project all appurtenances, equipment, and machinery of every kind and nature necessary or desirable for the full utilization of the project. Section 2. Said Act is further amended by striking in its entirety paragraph (3) of Section 4 and inserting in lieu thereof a new paragraph (3) to read as follows: (3) To grant, loan, and lease any of its funds and property to private persons and corporations promising to develop or promote commercial and/or recreational projects and special educational and/or entertainment events, to develop port facilities

Page 4089

or utilize water transportation on the Savannah River within Richmond County or originating or terminating therein which in the judgment of the Authority will be of benefit to the people of the City of Augusta or Richmond County. The provisions of this clause shall not be construed to limit any other power of the Authority. Section 3. Said Act is further amended by striking in its entirety paragraph (7) of Section 4 and inserting in lieu thereof a new paragraph (7) to read as follows: (7) To encourage and promote the development of commercial and/or recreational projects and special educational and/or entertainment events, the expansion of port and harbor development facilities and water transportation on the Savannah River, trade and commerce in Richmond County, and to make long range plans therefor;. 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 1989 Session of the General Assembly of Georgia a bill to amend an Act creating the Augusta Port Authority, approved March 10, 1959 (Ga. Laws 1959, pp. 2761-2773), as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, pp. 2939-2941); and for other purposes. This 6th day of January, 1989. PAUL H. DUNBAR, III Attorney for Augusta Port Authority 1500 First Union Bank Building Augusta, Georgia 30910

Page 4090

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 11, 1989. /s/ Jack Connell Representative, 87th District Sworn to and subscribed before me, this 30th day of January, 1989. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved March 22, 1989. DEKALB COUNTY STATE COURT; FEES; ASSISTANT SOLICITORS. No. 126 (House Bill No. 549). AN ACT To amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, particularly by an Act approved March 25, 1986 (Ga. L.

Page 4091

1986, p. 4631), so as to change certain fees; to provide for certain fees; to provide for the appointment of additional assistant solicitors 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 DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, particularly by an Act approved March 25, 1986 (Ga. L. 1986, p. 4631), is amended by striking in its entirety Section 11B and substituting in lieu thereof a new Section 11B to read as follows: Section 11B. Each party filing a suit or proceeding of any character in the state court shall deposit with the clerk of said court, except as provided for in this section, the total costs, including the first judgment, fi. fa., and recording of same, for all suits or proceedings of any character, irrespective of how they shall be terminated, which shall be $40.00 plus $5.00 for each defendant more than one. The total cost, except as provided for in this section, for a garnishment proceeding, irrespective of how it shall be terminated, shall be $40.00 plus $10.00 for each summons more than one. Cost for filing dispossessory and distress warrants shall be $25.00 plus $5.00 for each defendant more than one. Each time a case is checked or continued and is stipulated back to the trial calendar, there shall be a fee of $10.00 as a stipulation fee, and the same shall be charged as part of the cost. Each time the case is stipulated to the calendar, said $10.00 is to accompany the letter of stipulation and in addition thereto there shall be a certificate of service attached to said letter notifying the opposing party or the attorney of record. In addition to the foregoing costs, the clerk of said court shall charge and collect costs as follows: For filing and docketing each third-party complaint..... $ 10.00 For issuing scire facias each defendant including service..... 10.00

Page 4092

For each verdict rendered more than one and docketing same..... 1.00 For each judgment more than one and docketing same..... 8.00 For each motion filed and docketing the same..... 5.00 For affidavit to obtain alias fi. fa...... 8.00 For taking and approving supersedeas bond..... 5.00 For answering each writ of certiorari..... 3.00 For filing and docketing each appeal, civil or criminal, and such fee shall be paid at the time of filing the notice of appeal..... 25.00 For entering judgment or remittitur from Court of Appeals or Supreme Court..... 3.00 For exemplifications of records, per hundred words......20 For affidavit where no cause is pending..... 1.00 For certificate and seal of court..... 1.00 For certified copy..... 5.00 For issuing subpoena or summons to witness..... 1.00 For providing uncertified photocopies of documents per page......25 For preparing Department of Public Safety letter. 5.00 For each writ of possession filed and docketing same..... 10.00

Page 4093

For filing and docketing each traverse to answer of garnishment including service..... 10.00 Provided, however, that the clerk shall not be required to file a traverse to answer of garnishment unless the cost is paid at the time of filing. MARSHAL To provide for each additional service fee to be collected by the marshal for each legal document received for execution where an insufficient or incorrect address has been furnished..... $ 10.00 For search and return of nulla bona, except in foreclosures and attachments..... 5.00 For each arrest in civil cases..... 10.00 For each commitment in civil cases and entering same..... 5.00 For each levy or seizure, except in foreclosures, attachments, and trovers..... 10.00 For taking and approving bond in any civil case... 5.00 For settling fi. fa. before sale of property..... 5.00 For advertising personal property for sale..... 5.00 For settling fi. fa. from another court..... 5.00 For backing fi. fa. from another court..... 10.00 For marshal's deed to realty..... 5.00 For bill of sale to personalty..... 6.00

Page 4094

For serving subpoena..... 10.00 For serving summons (second original and additional summons of garnishment)..... 10.00 Provided, however, that the cost for serving any paper or proceeding not provided for in this Act shall be $10.00. Commission on sale of property: On sums of $50.00 or less..... 7% On excess above $50.00 up to $550.00..... 5% For all sums exceeding $550.00, on excess..... 2% For removing or storing or removing and storing property and keeping and feeding animals, the cost shall be actual expense incurred. Section 2. Said Act is further amended by striking Section 6A in its entirety and inserting in lieu thereof a new Section 6A to read as follows: Section 6A. The solicitor of the State of DeKalb County shall have authority to appoint 13 assistant solicitors. Such assistant solicitors may be removed by the solicitor. Each of said assistant solicitors shall be at least 21 years of age at the time of his or her appointment and shall be a member of the State Bar of Georgia. The salary of said assistant solicitors shall be fixed by the board of commissioners of DeKalb County at not less than $6,000.00 per annum, to be paid monthly out of the county treasury as an expense of the court.

Page 4095

Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming 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 hereby given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of DeKalb, County, approved February 14, 1951 (Ga. Laws 1951, p. 2401), as amended; to repeal conflicting laws; and for other purposes. This 3rd day of January 1989. Judge Anne Workman Judge Linda Warren Hunter Judge Jack B. Smith Judge Jack M. McLaughlin Judge Mathew Robins GEORGIA, FULTON COUNTY

Page 4096

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 19, 1989. /s/ M. M. Oliver Representative, 53rd District Sworn to and subscribed before me, this 27th day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 22, 1989.

Page 4097

CHEROKEE COUNTY SHERIFF; CLERK OF THE SUPERIOR COURT; TAX COMMISSIONER; JUDGE OF THE PROBATE COURT; COMPENSATION. No. 127 (House Bill No. 550). AN ACT To amend an Act placing the sheriff, the clerk of the superior court, the tax commissioner, and the judge of the Probate Court of Cherokee County on the salary system in lieu of fees, approved March 9, 1959 (Ga. L. 1959, p. 2494), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4578), so as to provide for a supplement to the compensation of the sheriff, the clerk of the superior court, the tax commissioner, and the judge of the Probate Court of Cherokee County; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act placing the sheriff, the clerk of the superior court, the tax commissioner, and the judge of the Probate Court of Cherokee County on the salary system in lieu of fees, approved March 9, 1959 (Ga. L. 1959, p. 2494), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4578), is amended by adding a new Section 6B following Section 6A of said Act to read as follows: Section 6B. Notwithstanding any other provision of law, the governing authority of Cherokee County shall supplement from county funds the salaries received by the sheriff, the clerk of the superior court, the tax commissioner, and the judge of the Probate Court of Cherokee County under this Act or under general law. The amount of the supplement paid to each such officer shall be $3,600.00 per year. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.

Page 4098

Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE IS HEREBY GIVEN that there will be introduced a bill in the 1989 session of the Georgia General Assembly to change the composition of the salaries of all Cherokee County Constitutional officers with exception of the county school superintendent. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William G. Hasty, Sr., who, on oath, deposes and says that he is Representative from the 8th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cherokee Tribune which is the official organ of Cherokee County, on the following date: January 11, 1989. /s/ William G. Hasty, Sr. Representative, 8th District Sworn to and subscribed before me, this 25th day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 22, 1989.

Page 4099

GWINNETT COUNTY MEDICAL EXAMINER. No. 128 (House Bill No. 561). AN ACT To amend an Act abolishing the office of coroner of Gwinnett County and establishing in its place the office of medical examiner of Gwinnett County, approved March 24, 1988 (Ga. L. 1988, p. 4627), so as to change certain provisions relating to persons qualified to hold the office of medical examiner; 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 Gwinnett and establishing in its place the office of medical examiner of Gwinnett County, approved March 24, 1988 (Ga. L. 1988, p. 4627), is amended by striking Section 2 and inserting in its place a new Section 2 to read as follows: 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. 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 1989 session of the General Assembly of Georgia a bill to amend an Act abolishing the office of coroner of Gwinnett County and establishing in its place the office of medical examiner of Gwinnett County,

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approved March 24, 1988 (Ga. L. 1988, p. 4627); and for other purposes. This 17 day of January, 1989. /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: January 27, 1989. /s/ O. M. Barnett Representative, 59th District Sworn to and subscribed before me, this 30th day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 22, 1989.

Page 4101

CITY OF ATLANTA URBAN ENTERPRISE ZONES; DATES; TAX EXEMPTIONS. No. 129 (House Bill No. 573). AN ACT To amend an Act providing for urban enterprise zones in the City of Atlanta, approved March 24, 1988 (Ga. L. 1988, p. 4164), so as to change certain provisions relating to the effective date of certain zones; to provide for corresponding changes with respect to certain tax exemptions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for urban enterprise zones in the City of Atlanta, approved March 24, 1988 (Ga. L. 1988, p. 4164), is amended by striking subsections (a) and (b) of Section 10 and inserting in their place new subsections (a) and (b) to read as follows: (a) The creation of a zone shall become effective either on January 1 of the year immediately following the adoption by the city council of an ordinance creating the zone or no later than January 1 of the second year following adoption of said ordinance. (b) Exemptions from ad valorem taxes for city or county purposes upon inventory or real property in a zone shall become effective either on January 1 of the year immediately following the adoption of the appropriate ordinance by the city council or appropriate resolution by the board of commissioners, respectively, or no later than January 1 of the second year following adoption of said ordinance or resolution. 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 Notice is hereby given that there will be introduced at the regular 1989 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), as amended by an Act approved March 26, 1987 (Ga. L. 1987, p. 4789) and as amended by an Act approved March 24, 1988 (Ga. L. 1988, p. 4164); and for other purposes. This 25th day of January, 1989. W. M. ALEXANDER Legislative Coordinator City of Atlanta GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jim Martin, who, on oath, deposes and says that he is Representative from the 26th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 25, 1989. /s/ Jim Martin Representative, 26th District

Page 4103

Sworn to and subscribed before me, this 7th day of February, 1989. /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 1989 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), as amended by an Act approved March 26, 1987 (Ga. L. 1987, p. 4789) and as amended by an Act approved March 24, 1988 (Ga. L. 1988, p. 4164); and for other purposes. This 26th day of January, 1989. W. M. Alexander Legislative Coordinator City of Atlanta GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jim Martin, who, on oath, deposes and says that he is Representative from the 26th 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 26, 1989.

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/s/ Jim Martin Representative, 26th District Sworn to and subscribed before me, this 31st day of January, 1989. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved March 22, 1989. CITY OF ATLANTA URBAN ENTERPRISE ZONES FOR RESIDENTIAL PURPOSES. No. 130 (House Bill No. 575). AN ACT To amend an Act providing for urban enterprise zones in the City of Atlanta, approved March 24, 1988 (Ga. L. 1988, p. 4164), so as to provide for additional criteria with respect to the creation of certain zones for residential purposes; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for urban enterprise zones in the City of Atlanta, approved March 24, 1988 (Ga. L. 1988, p. 4164), is amended by striking subsection (b) of Section 5 and inserting in its place a new subsection (b) to read as follows:

Page 4105

(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 the percentage of persons who were in the labor force and did not work for Fulton County as a whole; (3) The total number of persons residing in each census tract was less than 1,000 persons; or (4) Any census tract contiguous by 10 percent of its perimeter to an otherwise eligible census tract, as determined by paragraph (1), (2) or (3) of this subsection, 51 percent of which contains under-utilized open lots or parcels of land or structures or buildings of relatively low value, as compared to the value of the structures or buildings in the whole census tract; or, which is development impaired by airport and/or related transportation noise or environmental factors; or, which has experienced over the last five-year period an inordinate amount of displacement caused by any municipal, state or federal program(s); or, by any combination of the foregoing factors. 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 1989 session of the General Assembly of Georgia a bill to

Page 4106

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), as amended by an Act approved March 26, 1987 (Ga. L. 1987, p. 4789) and as amended by an Act approved March 24, 1988 (Ga. L. 1988, p. 4164); and for other purposes. This 26th day of January, 1989. W. M. Alexander Legislative Coordinator City of Atlanta 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 Decatur-DeKalb News/Era which is the official organ of DeKalb County, on the following date: January 26,1989. /s/ Georganna Sinkfield Representative, 37th District Sworn to and subscribed before me, this 31st day of January, 1989. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL)

Page 4107

NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1989 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), as amended by an Act approved March 26, 1987 (Ga. L. 1987, p. 4789) and as amended by an Act approved March 24, 1988 (Ga. L. 1988, p. 4164); and for other purposes. This 25th day of January, 1989. W. M. ALEXANDER Legislative Coordinator City of Atlanta 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: January 25, 1989. /s/ Georganna Sinkfield Representative, 37th District

Page 4108

Sworn to and subscribed before me, this 9th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 22, 1989. GREENE COUNTY MAGISTRATE COURT; CHIEF MAGISTRATE; COMPENSATION; MAGISTRATES; NUMBER. No. 131 (House Bill No. 658). AN ACT To amend an Act relating to the Magistrate Court of Greene County, approved March 21, 1984 (Ga. L. 1984, p. 4633), so as to change provisions relating to the compensation of the chief magistrate of that court and the number of the other magistrates of that court; to provide for payment of compensation; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act relating to the Magistrate Court of Greene County, approved March 21, 1984 (Ga. L. 1984, p. 4633), is amended by striking Sections 3 and 4 thereof which read as follows: Section 3. In addition any other compensation authorized by law for the judge of the Probate Court of Greene County, said probate judge in his capacity as chief magistrate of the Magistrate Court of Greene County shall receive an additional sum of

Page 4109

$3,600.00 to be paid in equal monthly installments from county funds. The salary provided in this section shall become effective January 1, 1985. Section 4. There shall be a total of three magistrates serving in Greene County. There shall be the chief magistrate, together with two other magistrates. Their duties shall be assigned and coordinated by the chief magistrate. The compensation for magistrates other than the chief magistrate shall be set by the board of commissioners of Greene County, Georgia, upon recommendation of the chief magistrate. and inserting in their respective places new sections to read as follows: Section 3. In addition to any other compensation authorized by law for the judge of Probate Court of Greene County, said probate judge in his capacity as chief magistrate of the Magistrate Court of Greene County shall receive an additional sum of not less than $5,000.00 to be paid in equal monthly installments from county funds. Section 4. There shall be the chief magistrate, together with not less than two other magistrates. Their duties shall be assigned and coordinated by the chief magistrate. Compensation for magistrates shall be set by the board of commissioners of Greene County, upon recommendation of the chief magistrate. Section 2. This Act shall become effective on 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 1989 session of the General Assembly of Georgia a bill to amend an Act providing that the Judge of Probate Court serve as the chief magistrate of the Magistrate Court of Greene County; to provide for

Page 4110

compensation of the probate judge in his capacity as chief magistrate; to provide for a certain number of other magistrates, to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes. This the 24th day of January, 1989. George Green Representative 106th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George F. Green, who, on oath, deposes and says that he is Representative from the 106th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Herald Journal which is the official organ of Effingham County, on the following date: January 27, 1989. /s/ George F. Green Representative, 106th District Sworn to and subscribed before me, this 3rd day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 22, 1989.

Page 4111

HANCOCK COUNTY BOARD OF COMMISSIONERS; COMPENSATION; EXPENSE ALLOWANCE. No. 132 (House Bill No. 687). AN ACT To amend an Act creating the Board of County Commissioners of Hancock County, approved October 5, 1885 (Ga. L. 1884-85, p. 435), as amended, particularly by an Act approved March 30, 1987 (Ga. L. 1987, p. 4891), so as to change the provisions relating to the compensation of the chairperson and members of the board and provide for an expense allowance; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the Board of County Commissioners of Hancock County, approved October 5, 1885 (Ga. L. 1884-85, p. 435), as amended, particularly by an Act approved March 30, 1987 (Ga. L. 1987, p. 4891), is amended by striking subsection (c) of Section VIII thereof which reads as follows: (c) The chairman shall be compensated in the amount of $16,000.00 per annum payable in equal monthly installments. The other members of the board shall be compensated in the amount of $3,600.00 per annum payable in equal monthly installments. The compensation provided herein shall be paid from the funds of Hancock County., and inserting in its place a new subsection to read as follows: (c) (1) Beginning in calendar year 1989 and continuing each year thereafter, the chairperson of the board shall receive as annual compensation for that year an amount of $16,000.00 if that year is within the chairperson's first term of office or an amount of $20,000.00 if that year is within the chairperson's second or subsequent term of office. Such compensation shall be paid in equal monthly installments.

Page 4112

(2) Beginning in calendar year 1989 and continuing each year thereafter, each member of the commission, other than the chairperson, shall receive as annual compensation for that year an amount of $3,000.00 if that year is within that member's first term of office or an amount of $4,000.00 if that year is within that member's second or subsequent term of office. Such compensation shall be paid in equal monthly installments. (3) The chairperson and the other members of the board shall each receive an expense allowance of $300.00 per year in addition to the annual compensation provided for in this subsection, except that such expense allowance shall not be payable to the chairperson on and after the date the chairperson's annual compensation first becomes $20,000.00. The annual compensation and expense allowance provided for in this subsection shall be paid in equal monthly installments from the funds of Hancock County. Section 2. This Act shall become effective July 1, 1989. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE Notice is hereby given of intent to introduce local legislation in the 1989 General Assembly of the State of Georgia to adjust the compensation of the members of the Board of Commissioners of Hancock County. December 15, 1988 -s-George F. Green State Representative 106 District GEORGIA, FULTON COUNTY

Page 4113

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George F. Green, who, on oath, deposes and says that he is Representative from the 106th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Sparta Ishmaelite which is the official organ of Hancock County, on the following date: January 5, 1989. /s/ George F. Green Representative, 106th District Sworn to and subscribed before me, this 6th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 22, 1989. RICHMOND COUNTY COUNTY OFFICIALS; COMPENSATION. No. 133 (House Bill No. 779). AN ACT To amend an Act establishing the compensation of certain officials in Richmond County, approved April 12, 1982 (Ga. L. 1982, p. 3941), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 5003) and an Act approved March 31, 1987 (Ga. L. 1987, p. 5361), so as to change the compensation of certain officials; to provide for the payment of such compensation; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 4114

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act establishing the compensation of certain officials in Richmond County, approved April 12, 1982 (Ga. L. 1982, p. 3941), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 5003) and an Act approved March 31, 1987 (Ga. L. 1987, p. 5361), is amended by striking in its entirety Section 1 thereof and inserting in lieu thereof a new Section 1 to read as follows: Section 1. (a) The following officials of Richmond County, Georgia, shall receive an annual salary, payable from the funds of Richmond County, Georgia, as follows: (1) Clerk of superior court and state court..... $ 37,988.00 (2) Judge of the probate court..... 40,071.00 (3) Tax commissioner..... 46,300.00 (4) Judge of the state court..... 59,000.00 (5) Solicitor of the state court..... 24,200.00 (6) Coroner..... 30,000.00 (7) Judge of the civil court..... 45,267.00 (8) Associate judge of the civil court..... 45,847.00 (9) Chairman of the board of commissioners..... 10,600.00 (10) Member of the board of commissioners..... 8,200.00 (11) District attorney..... 11,900.00

Page 4115

(12) Judge of the superior court..... 14,981.00 (13) Sheriff..... 48,150.00 (b) The compensation provided for in subsection (a) of this section shall be paid in equal monthly installments. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without 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 1989 Session of the General Assembly of Georgia an Act to establish the compensation for certain elected officials of Richmond County, Georgia, and certain elected officials of the State of Georgia whose salaries are supplemented by Richmond County, Georgia; to prohibit certain practices by certain officials; to provide an effective date; to repeal conflicting laws; and for other purposes. This 20th day of December, 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

Page 4116

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, 1989. /s/ Charles W. Walker Representative, 85th District Sworn to and subscribed before me, this 13th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 22, 1989. TATTNALL COUNTY MOTOR VEHICLE REGISTRATION PERIODS. No. 134 (House Bill No. 783). AN ACT To provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Tattnall 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:

Page 4117

Section 1. Effective January 1, 1990, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Tattnall 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 1989 session of the General Assembly of Georgia a bill providing that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Tattnall County during designated registration periods; and for other purposes. This 3rd day of February, 1989. DON P. COBB, TATTNALL COUNTY TAX COMMISSIONER PUBLISHER'S AFFIDAVIT I, Russell Rhoden, do solemnly swear, 1. That I am the publisher of The Tattnall Journal, a newspaper of general circulation published weekly in Reidsville, Tattnall County, Georgia. 2. That the notice attached hereto, which is a part of this affidavit, was published in said newspaper for one week, the first publication having been made on the 9 day of February, 1989 and the last publication on the..... day of....., 1989.

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3. That said notice was published in a regular and entire issue of every issue of the paper during the period and times of publication. 4. That said notice was published in the newspaper proper, and not in a supplement. This 9 day of February, 1989. /s/ Russell Rhoden PUBLISHER THE TATTNALL JOURNAL Sworn to and subscribed before me, this 9th day of February, 1989. /s/ Tonya Branch Notary Public My commission expires June 13, 1992. (SEAL) Approved March 22, 1989. ALCOVY JUDICIAL CIRCUIT JUDGES; SALARY SUPPLEMENTS. No. 135 (House Bill No. 903). AN ACT To amend an Act creating a new judicial circuit for the State of Georgia, known as the Alcovy Judicial Circuit, approved March 9, 1972 (Ga. L. 1972, p. 152), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 1010), so as to change the

Page 4119

salary supplement for each superior court judge of the Alcovy Judicial Circuit; to change certain provisions relative to the cost-of-living increases for such judges; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a new judicial circuit for the State of Georgia, known as the Alcovy Judicial Circuit, approved March 9, 1972 (Ga. L. 1972, p. 152), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 1010), is amended by striking Section 2A of said Act in its entirety and inserting in lieu thereof a new Section 2A to read as follows: Section 2A. (a) In addition to the salary and expense allowances payable from state funds, each judge of the Superior Courts of the Alcovy Judicial Circuit shall receive a salary supplement of $650.00 per month from each county which comprises the Alcovy Judicial Circuit. (b) Beginning July 1, 1989, and continuing each year thereafter, the judges of the Superior Courts of the Alcovy Judicial Circuit shall also receive an annual cost-of-living increase to be paid from the funds of Newton County only. The said judges shall receive an amount equal to the amount which results from multiplying the annual salary supplement paid by Newton County by the percentage cost-of-living increase afforded other county employees of Newton County by the governing authority of Newton County; provided, however, if such county employees are paid a certain sum as a cost-of-living increase, the said judges shall receive such sum in lieu of a percentage increase. Said cost-of-living increase shall be paid in equal monthly installments from the funds of Newton County. For the purposes of this subsection, the `salary supplement' shall equal $7,800.00 on July 1, 1989, and thereafter $7,800.00, plus any cost-of-living increases, on a percentage basis or in a certain sum, made after July 1, 1989. The judges of the Superior Courts of the Alcovy Judicial Circuit shall not receive an annual cost-of-living increase in any year in which the county employees of Newton County do not receive a cost-of-living increase.

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(c) Beginning July 1, 1989, and continuing each year thereafter, the judges of the Superior Courts of the Alcovy Judicial Circuit shall also receive an annual cost-of-living increase to be paid from the funds of Walton County only. The said judges shall receive an amount equal to the amount which results from multiplying the annual salary supplement paid by Walton County by the percentage cost-of-living increase afforded other county employees of Walton County by the governing authority of Walton County; provided, however, if such county employees are paid a certain sum as a cost-of-living increase, the said judges shall receive such sum in lieu of a percentage increase. Said cost-of-living increase shall be paid in equal monthly installments from the funds of Walton County. For the purposes of this subsection, the `salary supplement' shall equal $7,800.00 on July 1, 1989, and thereafter $7,800.00, plus any cost-of-living increases, on a percentage basis or in a certain sum, made after July 1, 1989. The judges of the Superior Courts of the Alcovy Judicial Circuit shall not receive an annual cost-of-living increase in any year in which the county employees of Walton County do not receive a cost-of-living increase. Section 2. This Act shall become effective on 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 1989 session of the General Assembly of Georgia a bill to amend an Act providing for a supplement and cost of living increase to compensate the Superior Court Judges and District Attorney of the Alcovy Judicial Circuit, approved April 9, 1981 (Ga. L. 1981, p. 1010); to repeal conflicting laws; and for other purposes. This 8th day of February, 1989.

Page 4121

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 16, 1989. /s/ Denny M. Dobbs Representative, 74th District Sworn to and subscribed before me, this 20th day of February, 1989. /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 1989 session of the General Assembly of Georgia a bill to amend an Act for a supplement and cost of living raise to compensate the superior court judges and district attorney of the Alcovy Judicial Circuit, approved April 8, 1981, (Ga. L. 1981, p. 1010); to repeal conflicting laws; and for other purposes. This 13th day of February, 1989.

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Hon. Tyrone Carrell Representative 65th District 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 15, 1989. /s/ Tyrone Carrell Representative, 65th District Sworn to and subscribed before me, this 20th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 22, 1989.

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CITY OF LAKE PARK MAYOR AND COUNCIL; ELECTIONS; TERMS. No. 136 (House Bill No. 913). AN ACT To amend an Act creating a new charter for the City of Lake Park, approved April 17, 1973 (Ga. L. 1973, p. 3074), as amended, so as to provide for the election and terms of office of the mayor and councilmen; to repeal conflicting laws; and for other purposes: BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a new charter for the City of Lake Park, approved April 17, 1973 (Ga. L. 1973, p. 3074), as amended, is amended by striking Section 2.11 in its entirety and substituting in lieu thereof a new Section 2.11 to read as follows: Section 2.11. Terms and Qualifications of Office. Except as otherwise provided in subsection (b) of Section 5.10, the members of the Council shall serve for terms of two years and until their respective successors are elected and qualified. No person shall be eligible to serve as Mayor or councilman unless the person shall have been a resident of the city for a period of one year immediately prior to the date of such official's election, shall continue to reside therein while holding office, and shall be registered and qualified to vote in municipal elections of the City of Lake Park. Section 2. Said Act is further amended by striking Section 2.20 in its entirety and substituting in lieu thereof a new Section 2.20 to read as follows: Section 2.20. Election of Mayor; Term of Office; Vacancy. The Mayor shall be elected at large and, except as otherwise provided in subsection (b) of Section 5.10, the term of office of the Mayor shall be two years. Section 3. Said Act is further amended by striking Section 2.30 in its entirety and substituting in lieu thereof a new Section 2.30 to read as follows:

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Section 2.30. Oath of Office; Mayor Pro tem. Before entering upon the duties of office following their election, the Mayor and each councilman shall take the following oath which shall be administered by the city clerk: `I do solemnly swear (or affirm) that I will well and truly perform the duties of (Mayor or councilman as the case may be) of the City and that I will support and defend the Charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America.' Following the induction of members, the council by majority vote of all the members thereof shall elect one of their number to be mayor pro tem, who shall serve for a term of two years and until a successor is elected and qualified. Section 4. Said Act is further amended by striking Sections 5.10 and 5.11 in their entirety and substituting in lieu thereof only a new Section 5.10 to read as follows: Section 5.10. Regular Elections; Terms. (a) The Mayor and councilmen in office on the effective date of this section shall continue to serve until their successors are elected and qualified as provided in subsection (b) of this section. (b) There shall be an election on the first Tuesday in February, 1990, to elect the Mayor and four councilmen who shall take office on the second Tuesday in February, 1990, to serve for terms of office expiring on December 31, 1992, and until their successors are elected and qualified. Their successors shall be elected on the Tuesday next following the first Monday in November in 1992 and shall take office on the first day of January immediately following their election for terms of two years and until their successors are elected and qualified. Thereafter, their successors and future successors shall be elected on the Tuesday next following the first Monday in November immediately preceding the expiration of terms of office and shall take office on the first day of January immediately following their election for terms of two years and until their successors are elected and qualified. Section 5. 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 1989 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Lake Park, approved April 17, 1973, (Ga. L. 1973, p. 3074), as amended, so as to continue the existing two (2) year terms of municipal officers; and for other purposes. DATED: This 10th day of February, 1989. HENRY L. REAVES State Representative District 147th I, ROBERT F. MORRELL, Publisher of The Valdosta Daily Times, Valdosta, Georgia, do hereby certify that the advertisement for Local Legis. New Charter for City of Lake Park, Ga. was published in The Valdosta Daily Times, Valdosta, Georgia, on Feb. 15, 1989. /s/ Robert F. Morrell Publisher Sworn to before me this 15th day of Feb., 1989. /s/ Edith D. Smith My Commission expires 5-1-92 (SEAL) Approved March 22, 1989.

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BRANTLEY COUNTY BOARD OF EDUCATION; COMPENSATION. No. 137 (House Bill No. 914). AN ACT To amend an Act providing for the election of members of the Board of Education of Brantley County, approved April 17, 1975 (Ga. L. 1975, p. 3937), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4870), so as to change the provisions relating to the compensation of the members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for the election of members of the Board of Education of Brantley County, approved April 17, 1975 (Ga. L. 1975, p. 3937), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4870), is amended by striking subsection (b) of Section 4 in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) The chairman and other members of the board shall each be compensated in the amount of $150.00 per month, and in addition thereto, each member shall receive $25.00 for attending a meeting of the board in addition to the regular monthly meeting, but said amount shall be payable for not more than two such additional meetings during any month. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3. 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 1989 Regular Session of the General Assembly of Georgia, a bill relative to the Board of Education of Brantley County; and for other purposes. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Smith, who, on oath, deposes and says that he is Representative from the 152nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Brantley Enterprise which is the official organ of Brantley County, on the following date: January 19, 1989. /s/ Tommy Smith Representative, 152nd District Sworn to and subscribed before me, this 21st day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 22, 1989.

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BARTOW COUNTY ENHANCED EMERGENCY TELEPHONE NUMBER 911 SYSTEMS; FEES. No. 138 (House Bill No. 918). AN ACT To authorize the governing authority of Bartow County to implement and to exercise the powers conferred by Code Section 46-5-133 of the Official Code of Georgia Annotated, relating to the authority to require telephone companies to divide maintenance fees for the operation of enhanced emergency telephone number 911 systems among subscribers; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Pursuant to the authority of paragraph (1) of subsection (e) of Code Section 46-5-133 of the Official Code of Georgia Annotated, the governing authority of Bartow County is authorized to implement and to exercise the powers conferred by Code Section 46-5-133 of the Official Code of Georgia Annotated, relating to the authority to require telephone companies to divide maintenance fees for the operation of enhanced emergency telephone number 911 systems among subscribers. 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 1989 session of the General Assembly of Georgia a bill to authorize the governing authority of Bartow County to implement and to exercise the powers conferred by Code Section 46-5-133 of the Official Code of Georgia Annotated, relating to the authority to require telephone companies to divide maintenance fees for the operation of enhanced emergency telephone number 911 systems among subscribers; and for other purposes.

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This 1st day of February, 1989. (s) Hugh Boyd Pettit, III 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 Daily Tribune News which is the official organ of Bartow County, on the following date: February 16, 1989. /s/ Boyd Pettit Representative, 19th District Sworn to and subscribed before me, this 21st day of February, 1989. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved March 22, 1989.

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CITY OF MONROE - WATER, LIGHT, AND GAS COMMISSION; MEMBERS; TERMS. No. 139 (House Bill No. 968). AN ACT To amend an Act reincorporating the City of Monroe in the County of Walton, approved April 8, 1971 (Ga. L. 1971, p. 3221), as amended, so as to change certain provisions relative to the membership of the Water, Light, and Gas Commission; to change certain terms of the members of such commission; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act reincorporating the City of Monroe in the County of Walton, approved April 8, 1971 (Ga. L. 1971, p. 3221), as amended, is amended by striking Section 6.05 to read as follows: Section 6.05. Water, Light, and Gas Commission; Creation. Be it further enacted that the council shall elect from the qualified voters of the city who are otherwise entitled to hold office in the city five persons to be known as the `Water, Light, and Gas Commission,' provided that the council of the city may appoint one of the commissioners from the city council. The mayor may serve as the appointee from the city council. The person appointed from the city council to serve on the Water, Light, and Gas Commission shall serve for a term of one year from January 1 until December 31 and shall not serve for more than five consecutive one-year terms. The position of any person serving on the Water, Light, and Gas Commission who is elected as mayor or councilmember shall be deemed vacated upon such person's taking office as mayor or councilmember and the position shall be filled by the council for the unexpired term. The first commissioners shall be appointed to serve terms of one, two, three, four, and five years, respectively, from the first Monday of the month following the first regular meeting of September; except that the term of the commissioner appointed

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from the council shall terminate immediately upon expiration of his term in office. At the expiration of the terms of any of the commissioners, the council shall elect a commissioner for a period of five years. Except as provided in the above paragraph for the councilmember appointee, no commissioner shall serve more than one consecutive term; except that those commissioners initially appointed for terms of one or two years, respectively, and those serving an unexpired term may serve an additional five-year term. Vacancies untimely caused by death, resignation, removal, or other cause shall be filled by the council for the unexpired term. The commissioners comprising said Water, Light, and Gas Commission shall be amenable to the council and subject to removal from office only after notice and an administrative hearing afforded them before the mayor and council and only after such individual is found guilty of malpractice, malfeasance, misconduct, or neglect of 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 1989 session of the General Assembly of Georgia a bill to amend an Act incorporating the City of Monroe, approved April 8, 1971 (Ga. L. 1971, p. 3221), as amended, so as to change certain provisions relating to the membership of the Water, Light and Gas Commission; and for other purposes. This 17th day of February, 1989. Knox Bell, Mayor GEORGIA, FULTON COUNTY

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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 24, 1989. /s/ Tyrone Carrell Representative, 65th District Sworn to and subscribed before me, this 27th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 22, 1989. MUSCOGEE COUNTY CORONER; COMPENSATION. No. 140 (House Bill No. 969). AN ACT To amend an Act providing an annual salary for the coroner of Muscogee County in lieu of the fee system of compensation, approved March 27, 1985 (Ga. L. 1985, p. 4216), 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:

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Section 1. An Act providing an annual salary for the coroner of Muscogee County in lieu of the fee system of compensation, approved March 27, 1985 (Ga. L. 1985, p. 4216), is amended by striking from Section 1 the following: $25,000.00, and inserting in lieu thereof the following: $30,000.00, so that when so amended Section 1 shall read as follows: Section 1. The coroner of Muscogee County shall receive an annual salary of $30,000.00 to be paid in equal monthly installments from the funds of Muscogee County. Said salary shall be in lieu of all fees or other emoluments or compensation. Section 2. This Act shall become effective on July 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 1989 session of the General Assembly of Georgia a bill to provide an annual salary for the coroner of Muscogee County in the amount of $30,000.00; to authorize the payment of certain expenses incidental to the office of coroner of Muscogee County; to provide an effective date; to repeal a specific Act; and for other purposes. This 8th day of February, 1989. Honorable J. Donald Kilgore Coroner, Muscogee County

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GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck III, who, on oath, deposes and says that he is Representative from the 95th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Ledger-Enquirer which is the official organ of Muscogee County, on the following date: February 10, 1989. /s/ Thomas B. Buck III Representative, 95th District Sworn to and subscribed before me, this 27th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 22, 1989.

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COBB COUNTY SHERIFF, CHIEF DEPUTY, CHIEF INVESTIGATOR, AND EXECUTIVE SECRETARY; COMPENSATION; TITLE OF EXECUTIVE SECRETARY CHANGED TO EXECUTIVE ASSISTANT. No. 141 (House Bill No. 970). AN ACT To amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, so as to change the compensation of the sheriff, the chief deputy sheriff, the chief investigator, and the executive secretary to the sheriff; to change the title 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 changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, is amended by striking Section 5 and inserting in lieu thereof a new Section 5 to read as follows: Section 5. (a) The salary of the sheriff of Cobb County shall be $67,200.00 per annum, to be paid in equal monthly installments from the funds of Cobb County. (b) The sheriff of Cobb County shall have one chief deputy whose salary shall be $54,100.00 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

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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 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 posses 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 $52,900.00 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 assistant to the sheriff. The executive assistant 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

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position of executive assistant. The salary of the executive assistant shall be $32,100.00 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. 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 1989 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 for other purposes. This 2nd day of Jan., 1989. /s/ Fred Aiken CHUCK CLAY ROY BARNES HUGH RAGAN SALLIE NEWBILL SENATORS

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JACK VAUGHN HERMAN CLARK STEVE THOMPSON EARL ERHART GRESHAM HOWREN FRED AIKEN JOHNNY ISAKSON JOHNNY GRESHAM TOM WILDER BILL ATKINS REPRESENTATIVES GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gresham Howren, 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 6, 1989. /s/ Gresham Howren Representative, 20th District Sworn to and subscribed before me, this 24th day of February, 1989. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved March 22, 1989.

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FRANKLIN-HEARD COUNTY WATER AUTHORITY NAME CHANGED TO HEARD COUNTY WATER AUTHORITY. No. 142 (House Bill No. 1018). AN ACT To amend an Act creating the Franklin-Heard County Water Authority, approved March 21, 1984 (Ga. L. 1984, p. 4613), as amended by an Act approved March 28, 1986 (Ga. L. 1986, p. 5367), so as to change the name of said authority; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the Franklin-Heard County Water Authority, approved March 21, 1984 (Ga. L. 1984, p. 4613), as amended by an Act approved March 28, 1986 (Ga. L. 1986, p. 5367), is amended by striking Section 1 in its entirety and inserting in its place a new Section 1 to read as follows: Section 1. Short title. This Act shall be known and may be cited as the `Franklin-Heard County Water Authority Act.' On and after May 1, 1989, this Act shall be known and may be cited as the `Heard County Water Authority Act.' Section 2. Said Act is further amended by striking the caption and subsection (a) of Section 2 in their entirety and inserting in their respective places a new caption and subsection (a) to read as follows: Heard County Water Authority. (a) There is created a body corporate and politic, to be known as the `Franklin-Heard County Water Authority,' which shall be deemed to be a political

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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, implead and be impleaded, and bring and defend actions in all courts of law and equity. The authority shall have perpetual existence. On and after May 1, 1989, the Franklin-Heard County Water Authority created by this subsection shall be known as the `Heard County Water Authority.' Section 3. Said Act is further amended by striking paragraph (1) of Section 3 in its entirety and inserting in its place a new paragraph (1) to read as follows: (1) The word `authority' shall mean the Franklin-Heard County Water Authority. On and after May 1, 1989, the word `authority' shall mean the Heard County Water Authority. Section 4. This Act shall become effective on May 1, 1989. Section 5. 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 1989 Regular Session of the General Assembly a bill to amend the Act which crated the Franklin-Heard County Water Authority, so as to change the name of such Authority; and for other purposes. /s/ H. P. (Buck) Craft AFFIDAVIT OF PUBLICATION STATE OF GEORGIA COUNTY OF HEARD

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Personally appeared before me, the undersigned Notary Public, this day personally came B. T. McCutchen, who after being duly sworn, states under oath that he is the Publisher of The News Banner, a newspaper of general circulation published in Heard County, Georgia, and who further states under oath that the advertisement attached hereto and made a part of this affidavit appeared in The News Banner on February 22nd, 1989. /s/ B. T. McCutchen, Publisher Sworn to and subscribed before me this 23rd day of February, 1989. /s/ June Yates Notary Public, Heard County, Georgia My Commission Expires Jan. 1, 1991 (SEAL) Approved March 22, 1989. DOUGHERTY COUNTY BOARD OF EDUCATION; POWERS. No. 143 (House Bill No. 1019). AN ACT To authorize the Board of Education of Dougherty County to exercise certain powers relative to transfer students and students who wish to attend schools in school districts other than the districts of their residences; to provide for policies; to provide an effective date; to provide for 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. Notwithstanding the provisions of subsection (b) of Code Section 20-2-293 of the Official Code of Georgia Annotated, the Board of Education of Dougherty County is authorized to adopt such policies as it deems appropriate with respect to transfer students. Such policies may include policies prohibiting, regulating, or restricting students who reside outside the Dougherty County School District from attending schools within the district and policies prohibiting, regulating, or restricting students who reside within the district from attending schools outside the district. The Board of Education of Dougherty County is also authorized to enter into agreements or understandings with other school systems for the purpose of exercising the powers granted by this Act. Section 2. This Act shall become effective on July 1, 1989, only if HB 321 is enacted at the 1989 regular session of the General Assembly of Georgia and is approved by the Governor or becomes law without such approval. If such bill is not enacted or otherwise fails to become law after the 1989 regular session of the General Assembly of Georgia, this Act shall be repealed in its entirety on July 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 1989 session of the General Assembly of Georgia a bill to authorize the Board of Education of Dougherty County to exercise certain powers relative to transfer students and students who wish to attend schools in school districts other than the districts of their residence; to provide for policies; to provide an effective date; to provide for automatic repeal; to repeal conflicting laws; and for other purposes. This 24th day of February, 1989.

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William D. Gardner Superintendent GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John White, who, on oath, deposes and says that he is Representative from the 132nd 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 24, 1989. /s/ John White Representative, 132nd District Sworn to and subscribed before me, this 27th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 22, 1989.

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CLAYTON COUNTY - STATE PROBATION OFFICERS AND PROBATION PERSONNEL; COMPENSATION; SUPPLEMENTS. No. 144 (House Bill No. 1021). AN ACT To authorize the board of commissioners of Clayton County to supplement the salaries of the state probation officers and other probation personnel of the Clayton Judicial Circuit; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The board of commissioners of Clayton County is authorized from time to time to supplement the salaries of the state probation officers and other probation personnel of the Clayton Judicial Circuit out of the funds of Clayton County. County salary supplements shall be payable in equal monthly installments. 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 INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to authorize the board of commissioners of Clayton County to supplement the salaries of the state probation officers and other probation personnel; to provide for related matters; and for other purposes.

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This 17th day of February, 1989. 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 17, 1989. /s/ Frank I. Bailey, Jr. Representative, 72nd District Sworn to and subscribed before me, this 24th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 22, 1989.

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CLAYTON COUNTY PROBATE COURT; JUDGE; COMPENSATION. No. 145 (House Bill No. 1022). AN ACT To amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, approved February 7, 1950 (Ga. L. 1950, p. 2068), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4766), 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 24, 1988 (Ga. L. 1988, p. 4766), is amended by striking Section 1 and substituting in lieu thereof the following: Section 1. The salary provided in this section 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, including compensation earned as custodian of vital records, or any source for which said judge is entitled heretofore and which he earns or receives by reason of being the probate judge whether under color of the office of probate judge or not shall henceforth be county funds and accountable as such in the same manner as other county funds received by said judge of the probate court. The salary of said judge of the probate court shall be $62,000.00 per annum payable monthly out of the funds of Clayton County. Section 2. This Act shall become effective on July 1, 1989. Section 3. 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 1989 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 17th day of February, 1989. 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 17, 1989. /s/ Frank I. Bailey, Jr. Representative, 72nd District Sworn to and subscribed before me, this 24th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 22, 1989.

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CITY OF BAXLEY CITY COUNCIL; ELECTIONS; TERMS. No. 146 (House Bill No. 1024). AN ACT To amend an Act changing the composition of the City Council and the method of electing councilmen of the City of Baxley in Appling County, approved March 27, 1985 (Ga. L. 1985, p. 4337), so as to change the terms of office and reelection dates of members of the council; to provide for other related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act changing the composition of the City Council of the City of Baxley and the method of electing council members and providing for single-member districts, approved March 27, 1985 (Ga. L. 1985, p. 4337), that Act amending an Act reincorporating and providing a new charter for the City of Baxley, approved April 13, 1982 (Ga. L. 1982, p. 4725), is amended by striking paragraphs (a), (b), and (c) of the amended Section 3.4 and inserting in their place new paragraphs (a), (b), and (c) of Section 3.4 to read as follows: (a) Regular municipal elections shall be held on the Tuesday next following the first Monday in November of each year. The mayor and council members in office on the effective date of this section shall serve out the terms for which they are elected and until their successors are elected and qualified as provided in this section. (b) The mayor shall be elected in the general municipal election to be held in November, 1989, and biennially thereafter.

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The mayor's term of office shall commence at the first organizational meeting in January following his election, and he shall serve a term of four years and until his successor is elected and qualified. The mayor may reside anywhere within the City of Baxley. (c) Each member of the council shall be elected from and by the voters of only the council district that member represents; and each member of the council must be a resident of the council district he represents. Council members shall be elected pursuant to the following schedule: Council District Number 1 (currently served by Larry NeSmith): Election in 1989 for a term of two years and until his successor is elected and qualified. From 1991 forward, the term of office shall be four years. Council District Number 2 (currently served by Esco Hall, Jr.): Election in 1991 for a term of four years and until his successor is elected and qualified. From 1995 forward, the term of office shall be four years. Council District Number 3 (currently served by Winton Herrin): Election in 1990 for a term of three years and until his successor is elected and qualified. From 1993 forward, the term of office shall be four years. Council District Number 4 (currently served by Morris Wolfson): Election in 1990 for a term of three years and until his successor is elected and qualified. From 1993 forward, the term of office shall be four years. Council District Number 5 (currently served by Betty Livingston): Election in 1991 for a term of three years and until her successor is elected and qualified. From 1995 forward, the term of office shall be four years. Council District Number 6 (currently served by Paul Taylor): Election in 1989 for a term of four years and until his successor is elected and qualified. From 1993 forward, the term of office shall be four years.

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Each council member shall take office on the date of the first organizational meeting of the mayor and council in January following their election and shall serve for the terms set forth hereinabove and until their respective successors are elected and qualified. Beginning in 1991, all council members shall serve a four-year term. The current terms of council members shall be extended from the first Monday in January until the date of the first organizational meeting in January after their election, as provided for herein. If any council member ceases to reside in the council district that member represents, the remaining members of the council shall immediately declare that office to be vacant. Section 2. All laws and parts of laws not specifically amended by this Act shall remain in full force and effect, and 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 the City of Baxley intends to introduce at the regular 1989 session of the General Assembly of Georgia a bill to change the date of election, date of taking office and terms of office of the mayor and members of council of the City of Baxley. This 14th day of February, 1989. City of Baxley By: Jack E. Miller City Manager PUBLISHER'S AFFIDAVIT

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STATE OF GEORGIA, COUNTY OF APPLING. I, MAX GARDNER, do hereby certify that I am publisher of The Baxley News-Banner, the newspaper in which sheriff's advertisements appear for Appling County, and the attached Notice of Intent to Introduce Local Legislation was published in said newspaper on February 16, 1989. /s/ Max Gardner, Publisher Sworn to and subscribed before me this 24th day of February, 1989. /s/ Kathy L. Hunt Notary Public, Appling County, Georgia My Commission Expires Nov. 24, 1991 (NOTARY SEAL) Approved March 22, 1989. RICHMOND COUNTY SHERIFF'S MERIT SYSTEM BOARD COMPENSATION. No. 147 (House Bill No. 1027). AN ACT To amend an Act creating a merit system of employment and personnel administration for employees of the sheriff in Richmond County and creating the Richmond County Sheriff's Merit System Board, approved March 29, 1983 (Ga. L. 1983, p. 4495), as amended by an Act approved March 28, 1985 (Ga. L. 1985, p. 4816), so

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as to provide that the members of the board shall receive compensation for their services as members of the board; to limit the number of monthly meetings for which compensation may be paid; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a merit system of employment and personnel administration for employees of the sheriff in Richmond County and creating the Richmond County Sheriff's Merit System Board, approved March 29, 1983 (Ga. L. 1983, p. 4495), as amended by an Act approved March 28, 1985 (Ga. L. 1985, p. 4816), is amended by striking Section 9 in its entirety and substituting in lieu thereof a new Section 9 to read as follows: Section 9. All costs, expenses, and supplies for the establishment and operation of the merit system and the board shall be borne by the county and paid out of county funds as a cost of administration. The members shall receive $20.00 for each meeting of the board they actually attend, not to exceed two meetings during any calendar 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 at the regular 1989 Session of the General Assembly of Georgia a bill to amend an Act crating the Richmond County Sheriff's Merit System Board (Ga. L. 1983, p. 4495, as amended by Ga. L. 1985, p. 4816), so as to provide for compensation for members of said Board; to provide for an effective date; and for other purposes. This 20th day of February, 1989.

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MICHAEL J. PADGETT Representative 86th Legislative District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Michael J. Padgett, who, on oath, deposes and says that he is Representative from the 86th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Augusta Herald which is the official organ of Richmond County, on the following date: February 23, 1989. /s/ Michael J. Padgett Representative, 86th District Sworn to and subscribed before me, this 1st day of March, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 22, 1989.

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CARROLL COUNTY CLERK OF THE SUPERIOR COURT; COMPENSATION. No. 148 (House Bill No. 1029). AN ACT To amend an Act placing the clerk of the Superior Court of Carroll County on an annual salary, approved March 27, 1972 (Ga. L. 1972, p. 2751), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5080), so as to change the compensation of the clerk of the Superior Court of Carroll County; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act placing the clerk of the Superior Court of Carroll County on an annual salary, approved March 27, 1972 (Ga. L. 1972, p. 2751), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5080), is amended by striking Section 2 which reads as follows: Section 2. The clerk of superior court shall receive an annual salary of $34,000.00, payable in equal monthly installments from county funds., and inserting in its place a new Section 2 to read as follows: Section 2. (a) The clerk of superior court shall receive an annual salary. Such annual salary shall be determined as follows: (1) The total compensation to which the clerk of superior court is entitled under general state-wide laws shall be calculated in the manner provided for in such general state-wide laws; and (2) The amount provided for in paragraph (1) of this subsection shall be increased by 3 percent.

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(b) The salary determined as provided for in subsection (a) of this section shall be payable in equal monthly installments from county funds. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without 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 1989 Session of the General Assembly of Georgia, a bill to amend an Act placing the Clerk of Superior Court in the Superior Court of Carroll County on an annual salary, approved March 27, 1972 (Georgia Laww 1972, page 2751), as amended, particularly by an act approved March 28, 1986 (Georgia Law 1986, page 5080); so as to change the compensation of the Celrk of the Superior Court of Carroll County; to provide for related matters; to provide an effective date; and to repeal conflicting laws; and for other purposes. This 17 day of February 1989. Honorable Charles A. Thomas, Jr., Representative 69th District. 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: February 17, 1989.

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/s/ Charles Thomas Representative, 69th District Sworn to and subscribed before me, this 1st day of March, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 22, 1989. CARROLL COUNTY STATE COURT; JUDGE; COMPENSATION. No. 149 (House Bill No. 1030). AN ACT To amend an Act creating the State Court of Carroll County, approved December 21, 1897 (Ga. L. 1897, p. 438), as amended, particularly by an Act approved February 25, 1987 (Ga. L. 1987, p. 3669), so as to change the compensation of the judge 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 Carroll County, approved December 21, 1897 (Ga. L. 1897, p. 438), as amended, particularly by an Act approved February 25, 1987 (Ga. L. 1987, p. 3669), is amended by striking subsection (b) of Section 4 which reads as follows:

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(b) The judge of the court shall receive an annual salary equal to 85 percent of the salary of the judge of Superior Court of Carroll County, exclusive of the supplements paid to the judge of superior court by the counties in the Coweta Judicial Circuit. Said salary shall be paid in equal monthly installments from county funds., and inserting in its place a new subsection to read as follows: (b) The judge of the court shall receive an annual salary equal to 87.5 percent of the salary of the judge of Superior Court of Carroll County, exclusive of the supplements paid to the judge of superior court by the counties in the Coweta Judicial Circuit. Said salary 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. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced in the regular 1989 Session of the General Assembly of Georgia, a bill to amend an act establishing the State Court of Carroll County, as approved December 21, 1897 (Ga. Law 1897, Page 438) as amended; to provide for related matters; and for other purposes. This 17th day of February, 1989. Honorable Charles A. Thomas, Jr., Representative 69th District.

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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: February 19, 1989. /s/ Charles Thomas Representative, 69th District Sworn to and subscribed before me, this 1st day of March, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 22, 1989. BACON COUNTY BOARD OF COMMISSIONERS; COMPENSATION; PER DIEM; VICE CHAIRMAN; EMPLOYEES; VOTING; BIDS. No. 150 (House Bill No. 1032). AN ACT To amend an Act creating a board of commissioners of Bacon County, approved April 2, 1963 (Ga. L. 1963, p. 2665), as amended, particularly by an Act approved March 31, 1987 (Ga. L.

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1987, p. 5118), so as to provide that the compensation of the chairman of the board of commissioners shall be the average of the compensation of the constitutional officers of Bacon County; to provide that the board members shall be authorized to receive a per diem allowance not to exceed the per diem allowance of members of the General Assembly; to provide that if the chairman dies, resigns, or is removed from office, the vice chairman shall assume the duties of the chairman and shall receive the same salary as provided for the chairman for the remainder of the term; to provide that in such case, the board may remove the vice chairman exercising the chairman's duties and call for a special election; to provide that the vice chairman shall receive a per diem for every day that said vice chairman performs the duties of the chairman; to remove the requirement that no relatives of a county commissioner may be employed by said commissioners; to provide that a majority vote of those voting shall be required in certain votes; to provide that the board may provide for bids and notice of such bids; to repeal a certain provision; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a board of commissioners of Bacon County, approved April 2, 1963 (Ga. L. 1963, p. 2665), as amended, particularly by an Act approved March 31, 1987 (Ga. L. 1987, p. 5118), is amended by striking Section 5 of said Act in its entirety and inserting in lieu thereof a new Section 5 to read as follows: Section 5. Compensation. The compensation of the chairman of the board shall be the average of the compensation of the constitutional officers of Bacon County, the exact amount to be determined by the Board of Commissioners of Bacon County, to be paid in equal monthly installments out of the funds of Bacon County. The compensation of each of the other members of said board, other than the chairman, shall be not less than $1,200.00 nor more than $1,800.00 per annum, to be determined by the Board of Commissioners of Bacon County, to be paid in equal monthly installments out of the funds of Bacon County. In addition to the compensation provided for above, the board may provide each member an additional amount not to exceed $25.00 per meeting for each extra session or special meeting called in

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addition to regular meetings. The board may provide that the chairman and the other members of the board be reimbursed, at a rate not to exceed that provided for members of the General Assembly, for mileage to and from their homes to the county courthouse to attend regular and special meetings of the board and for any other travel in the general performance of their duties as members of the board of commissioners. The chairman and the other members of the board shall be entitled to reimbursement from the county for actual expenses incurred by them while engaged in county business. In addition to travel and actual expenses, the board shall authorize a per diem allowance, not to exceed in amount the per diem allowance provided for members of the General Assembly, to any board member when such board member is required to travel outside the county in the pursuance of county business. Section 2. Said Act is further amended by striking Section 7 in its entirety and inserting in lieu thereof a new Section 7 to read as follows: Section 7. (a) At their first regular meeting in January, 1985, and at the first regular meeting in each year thereafter, the board of commissioners shall by majority vote elect one of their number as vice chairman. The vice chairman shall serve at the pleasure of a majority of the members of the board and may be removed at any time without notice, cause, or hearing. If the chairman dies, resigns, or is removed from office, the vice chairman shall assume the duties of the chairman and shall receive the same salary as provided for the chairman for the remainder of the term; provided, however, the board may remove the vice chairman exercising the chairman's duties and call for a special election to fill the vacancy in the chairman's post for the remainder of the unexpired term. (b) It shall be the duty of the chairman to act as presiding officer at all meetings of the board of commissioners, and he shall be recognized as the ceremonial head of the county government but shall have no other administrative duties except as herein provided or such as may be delegated to him by the board of commissioners. In the event of the temporary absence, disqualification, or disability of the chairman, the vice chairman shall assume the duties of chairman and shall receive a per diem allowance, not less than the amount of the per diem allowance

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provided for members of the General Assembly, for every day that said vice chairman performs the duties of the chairman. It shall be the duty of the chairman to preserve order and decorum at all meetings of the board, to state every question coming before the board, to announce the decision of the board on all subjects and decide all questions of order, subject, however, to an appeal to the board, in which event a majority vote of the board shall govern and conclusively determine such question of order. The chairman shall not have the right to vote on any matters coming before the board except in the case of a tie vote. All six commissioners shall be bonded in the amount of $10,000.00 by a good and solvent bonding company authorized to do business in the State of Georgia, said bond to be approved by the judge of the probate court, payable to the judge of the probate court and his successors in the office, for the use of Bacon County, conditioned upon the faithful performance of their duties. The costs of said bonds shall be paid from the general funds of Bacon County. Section 3. Said Act is further amended by striking Section 12 in its entirety and inserting in lieu thereof a new Section 12 to read as follows: Section 12. It shall be the duty of the board of commissioners, not later than January 31, 1965, and at the first regular meeting in each year thereafter, to appoint a clerk of the board of commissioners. The board shall also have the power and authority to appoint an assistant clerk if it deems the same necessary. The salary of the clerk and assistant clerk shall be fixed by the board of commissioners, and they shall serve at the pleasure of a majority of the board and may be removed at any time without notice, statement, or proof of cause. No member of the board of commissioners shall be eligible to hold the office of clerk during his continuance in office nor within 12 months after the expiration of the term nor within 12 months after resignation or removal from the office of commissioner. Section 4. Said Act is further amended by striking Section 19 in its entirety and inserting in lieu thereof a new Section 19 to read as follows: Section 19. The board of commissioners of Bacon County shall have the power to appoint and remove all county employees, to set all salaries, and to adopt reasonable rules and

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vegulations for the various departments of the county. All employees employed by said board shall be of the highest moral integrity possible and shall be citizens of the United States who have paid their taxes to date and who are the best qualified and experienced people that said board can employ in the field of endeavor for which the employees are being employed. Section 5. Said Act is further amended by striking Sections 31, 32, and 33 in their entirety and inserting in lieu thereof new Sections 31, 32, and 33 to read as follows: Section 31. The board of commissioners of Bacon County shall be prohibited from doing any subcontracting whatsoever except by a majority vote of the members of said board voting. Section 32. No county contracts may be entered into by the board of commissioners of Bacon County except by a majority vote of the members of said board voting. Section 33. Payments made in securing the rights of way for roads shall be made through condemnation; provided, however, the board of commissioners of Bacon County may make a voluntary payment or negotiate payment to a land owner by majority vote of the members of said board voting. Section 6. Said Act is further amended by striking Sections 37, 38, and 39 in their entirety and inserting in lieu thereof new Sections 37, 38, and 39 to read as follows: Section 37. Whenever it becomes necessary to build or repair any courthouse, jail, bridge, causeway, or other public works in Bacon County, the board of commissioners of Bacon County may cause the same to be built or repaired by letting out the contract therefor to the lowest bidder, at public outcry before the courthouse door, after being advertised for letting of said contracts as provided for in Section 38 of this Act; provided, however, that said board shall have authority to reject any and all bids at such public letting and, if in its discretion the public interest and economy require it, said board may build or repair any public buildings, bridges, causeways, or other public property in said county by contract or sealed proposals.

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Section 38. The board of commissioners of Bacon County may give notice of the contract to be let in the official organ of said county once a week for four weeks and by posting a written notice at the courthouse door for a like time, which notice and advertisement shall embrace such details and specifications as will enable the public to know the extent and character of the work to be done and the terms and time of payment. The clerk may make out and post conspicuously in the office of said board complete minute specifications of the proposed public work, which shall be open to the inspection of the public. Section 39. Contractors who are awarded contracts shall be required to give bond in double the amount of the bid, with two good and solvent securities, for the faithful performance of the contract and to indemnify the county for any damages occasioned by a failure to perform the same within the prescribed time. The requirements of Sections 37 and 38 of this Act shall not apply to the building or repairing of any public bridge, building, or other work when the same can be done at less cost than $300.00, but the board of commissioners of Bacon County may have such work done by hiring hands and furnishing materials; provided, however, that the board of commissioners shall have the power and authority to purchase material for, and use convicts in, building or repairing any public building, bridge, causeway, or other public works in such county and, in such case, Sections 37 and 38 of this Act shall not apply. Where such material is purchased and such work is done by convicts or labor so furnished, the board of commissioners of Bacon County may use the funds of said county arising from taxes levied for such purposes in purchasing said material and in supporting and maintaining the convicts while said work is being done. Section 7. Said Act is further amended by striking Section 47 in its entirety and inserting in lieu thereof the following: Section 47. Reserved. Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 9. 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 1989 session of the General Assembly of Georgia a bill relative to the board of commissioners and governing authority of Bacon County; and for other purposes. This 24th day of January, 1989. Representative Tommy Smith GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Smith, who, on oath, deposes and says that he is Representative from the 152nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Alma Times-Statesman which is the official organ of Bacon County, on the following date: January 26, February 2, and February 9, 1989. /s/ Tommy Smith Representative, 152nd District Sworn to and subscribed before me, this 24th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 22, 1989.

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DEKALB COUNTY SPECIAL SERVICES TAX DISTRICTS ACT; MILLAGE RATE IN MUNICIPALITIES. No. 151 (House Bill No. 1033). AN ACT To amend an Act to impose certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain governmental services, known as the DeKalb County Special Services Tax Districts Act, approved April 12, 1982 (Ga. L. 1982, p. 4396), so as to provide for certain limitations on the millage rate levied in certain municipalities; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act to impose certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain governmental services, known as the DeKalb County Special Services Tax Districts Act, approved April 12, 1982 (Ga. L. 1982, p. 4396), is amended by adding a new section immediately following Section 6, to be designated Section 6A, to read as follows: Section 6A. Notwithstanding any other provision of this Act to the contrary, no provision of this Act shall in any manner authorize or require the levy of a millage rate in any municipality lying wholly or partially within DeKalb County in excess of the millage rate levied in the unincorporated area of DeKalb County. This section shall stand repealed in its entirety on March 1, 1990.

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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 given that there will be introduced, at the regular 1989 session of the General Assembly of Georgia, a bill to amend an Act approved April 12, 1982 (Ga. L. 1982, p. 4396), to impose certain requirements and limitations upon the levy of ad valorem taxes by DeKalb County; to provide for other matters relative thereto; and for other purposes. This 20th day of February, 1989. Dean Alford, Representative 57th District, Post 3 PUBLISHER'S CERTIFICATE STATE OF GEORGIA COUNTY OF DEKALB Personally appeared before the undersigned, a notary public within and for said county and State, Gerald Wm. Crane Co-publisher of Decatur-DeKalb News/Era a newspaper publisher at Decatur county of DeKalb State of Georgia who, being duly sworn, states on oath that the report of Local Legislation-Taxes a true copy of which is hereto annexed, was published in said newspaper in its issue of the 23rd day of February 1989

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/s/ Gerald W. Crane, 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 23rd day of February, 1989. /s/ Janet K. Simpson Notary Public My commission expires June 4, 1990 (SEAL) Approved March 22, 1989. BACON COUNTY SHERIFF; SECRETARIES AND JAILERS; CHIEF DEPUTY; INVESTIGATOR; COMPENSATION. No. 152 (House Bill No. 1034). AN ACT To amend an Act placing the sheriff of Bacon County on an annual salary in lieu of the fee system of compensation, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2213), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 4287), so as to increase the number of secretaries and jailers; to provide for a chief deputy; to provide for an increase in the compensation of the deputies, secretaries, and jailers; to provide for an investigator and his salary; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act placing the sheriff of Bacon County on an annual salary in lieu of the fee system of compensation, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2213), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 4287), is 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. The sheriff of Bacon County shall have the sole power and authority to appoint a chief deputy and three deputies to assist him in the performance of the duties of his office. Each such deputy shall be compensated in an amount of not less than $12,000.00 per annum, the exact amount to be determined by a majority vote of the governing authority of Bacon County. In addition, the sheriff may request the county governing authority to approve the employment by the sheriff of one or more additional deputies, each such deputy, if approved, to be compensated in such amount as determined by a majority vote of the county governing authority. The sheriff shall also have the authority to appoint two secretaries, four jailers, and one investigator. The secretaries shall be compensated in the amount of not less than $8,800.00 per annum, the jailers shall be compensated in the amount of not less than $9,000.00 per annum, and the investigator shall be compensated in the amount of not less than $13,378.00 per annum, the exact amount of such salaries to be determined by a majority vote of the governing authority of Bacon County. The sheriff may recommend, from time to time, a change in compensation of any employee of his office, but the determination as to such change, or the amount thereof, shall be made by the county governing authority as provided in this section. Each deputy, the secretaries, the jailers, and the investigator shall be paid in twelve equal installments from the funds of Bacon County. It shall be within the sole power and authority of the sheriff during his term of office to designate and name the persons who shall be employed as deputies, secretaries, jailers, and investigator and to prescribe their duties and assignments and to remove or replace such deputies, secretaries, jailers, and investigator at will and within his sole discretion. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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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 1989 session of the General Assembly of Georgia a bill relative to the sheriff and the office of sheriff of Bacon County; and for other purposes. This 24th day of January, 1989. Representative Tommy Smith GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Smith, who, on oath, deposes and says that he is Representative from the 152nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Alma Times-Statesman which is the official organ of Bacon County, on the following date: January 26, February 2, and February 9, 1989. /s/ Tommy Smith Representative, 152nd District

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Sworn to and subscribed before me, this 24th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 22, 1989. FAYETTE COUNTY PROBATE COURT; JUDGE; COMPENSATION. No. 153 (House Bill No. 1041). AN ACT To amend an Act abolishing the fee system of compensation for the judge of the Probate Court of Fayette County, approved March 24, 1965 (Ga. L. 1965, p. 2621), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4414), so as to change the provisions relative to the compensation of the judge of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act abolishing the fee system of compensation for the judge of the Probate Court of Fayette County, approved March 24, 1965 (Ga. L. 1965, p. 2621), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4414), is amended by striking from subsection (a) of Section 2 of said Act the following: $36,480.00,

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and substituting in lieu thereof the following: $38,280.00, so that when so amended said subsection (a) shall read as follows: (a) The judge of the Probate Court of Fayette County shall receive an annual salary of $38,280.00, payable in equal monthly installments from the funds of Fayette County. This salary shall be the judge of the probate court's full and complete compensation and shall be in lieu of all other fees or emoluments now or hereafter authorized by law. All funds collected from any source by the judge of the probate court shall be county funds and shall be paid into the county treasury. Should the compensation from all sources as authorized under general laws ever exceed the salary provided for in this subsection, the provisions of general law shall prevail. Section 2. This Act shall become effective on 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 in the 1989 session of the General Assembly of Georgia a bill to amend an Act providing for the compensation for the Judge of the Probate Court of Fayette County (Ga. L. 1965, p. 2621, as amended, Ga. L. 1985, p. 4477, as amended and Ga. L. 1987, p. 4414) so as to increase the salary of the Judge of the Probate Court of Fayette County; to repeal conflicting laws and for other purposes. William R. McNally County Attorney Fayette County

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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 advertisement 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 25, 1989. /s/ Gary Cornwell Sworn to and subscribed before me this 25th day of February, 1989. /s/ Helen S. Teague Notary PUblic, Fayette County, Georgia My Commission Expires July 10, 1989 (SEAL) Approved March 22, 1989.

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FAYETTE COUNTY SUPERIOR COURT; CLERK; COMPENSATION. No. 154 (House Bill No. 1042). AN ACT To amend an Act abolishing the fee system of compensation for the clerk of the Superior Court of Fayette County, approved March 10, 1965 (Ga. L. 1965, p. 2237), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4404), so as to change the provisions relative to the compensation of the clerk of the superior court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act abolishing the fee system of compensation for the clerk of the Superior Court of Fayette County, approved March 10, 1965 (Ga. L. 1965, p. 2237), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4404), is amended by striking from subsection (a) of Section 2 of said Act the following: $36,480.00, and substituting in lieu thereof the following: $38,280.00, so that when so amended said subsection (a) shall read as follows: (a) The clerk of the Superior Court of Fayette County shall receive an annual salary of $38,280.00, payable in equal monthly installments from the funds of Fayette County. This salary shall be the clerk of the superior court's full and complete compensation and shall be in lieu of all other fees or emoluments now or hereafter authorized by law. All funds collected from any source by the clerk of the superior court shall be county funds and shall be paid into the county treasury. Should the compensation from all sources as authorized under general laws ever exceed the salary provided for in this subsection, the provisions of general law shall prevail.

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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 OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced in the 1989 session of the General Assembly of Georgia a bill to amend an Act providing for the compensation for the Clerk of the Superior Court of Fayette County (Ga. L. 1965, p. 2237, as amended, Ga. L. 1985, p. 4973, as amended and Ga. L. 1987, p. 4404) so as to increase the salary of the Clerk of the Superior Court of Fayette County; to repeal conflicting laws and for other purposes. William R. McNally County Attorney Fayette County 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 25, 1989.

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/s/ Gary Cornwell Sworn to and subscribed before me this 25th day of February, 1989. /s/ Helen S. Teague Notary Public, Fayette County, Georgia My Commission Expires July 10, 1989 (SEAL) Approved March 22, 1989. FAYETTE COUNTY TAX COMMISSIONER; COMPENSATION. No. 155 (House Bill No. 1043). AN ACT To amend an Act creating the office of tax commissioner of Fayette County, approved January 26, 1956 (Ga. L. 1956, p. 2022), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4417), so as to change the provisions relative to the compensation of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the office of tax commissioner of Fayette County, approved January 26, 1956 (Ga. L. 1956, p. 2022), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4417), is amended by striking from subsection (a) of Section 4 of said Act the following:

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$36,480.00, and substituting in lieu thereof the following: $38,280.00, so that when so amended said subsection (a) shall read as follows: (a) The tax commissioner of Fayette County shall receive an annual salary of $38,280.00, payable in equal monthly installments from the funds of Fayette County. This salary shall be the tax commissioner's full and complete compensation and shall be in lieu of all other fees or emoluments now or hereafter authorized by law. All funds collected from any source by the tax commissioner shall be county funds and shall be paid into the county treasury. Should the compensation from all sources as authorized under general laws ever exceed the salary provided for in this subsection, the provisions of general law shall prevail. Section 2. This Act shall become effective on 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 in the 1989 session of the General Assembly of Georgia a bill to amend an Act providing for the compensation for the Tax Commissioner of Fayette County (GA. L. 1956, p. 2022, as amended, Ga. L. 1973, p. 3214, as amended, Ga. L. 1985, p. 4475, as amended and Ga. L. 1987, p. 4417 as amended) so as to increase the salary of the Tax Commissioner of Fayette County; to repeal conflicting laws and for other purposes.

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William R. McNally County Attorney Fayette County 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 25, 1989. /s/ Gary Cornwell Sworn to and subscribed before me this 25th day of February, 1989. /s/ Helen S. Teague Notary Public Fayette County, Georgia My Commission Expires July 10, 1989 (SEAL) Approved March 22, 1989.

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FAYETTE COUNTY SHERIFF; COMPENSATION. No. 156 (House Bill No. 1044). AN ACT To amend an Act abolishing the fee system of compensation for the sheriff of Fayette County, approved March 24, 1965 (Ga. L. 1965, p. 2585), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4412), so as to change the provisions relative to the compensation of the sheriff; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act abolishing the fee system of compensation for the sheriff of Fayette County, approved March 24, 1965 (Ga. L. 1965, p. 2585), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4412), is amended by striking from Section 2 of said Act the following: $39,876.00, and substituting in lieu thereof the following: $41,676.00, so that when so amended said Section 2 shall read as follows: Section 2. The Sheriff of Fayette County shall receive an annual salary of $41,676.00, payable in equal monthly installments from the funds of Fayette County. This salary shall be the sheriff's full and complete compensation and shall be in lieu of all other fees or emoluments now or hereafter authorized by law. All funds collected from any source by the sheriff shall be county funds and shall be paid into the county treasury. Should the compensation from all sources as authorized under general laws ever exceed the salary provided for in this section, the provisions of general law shall prevail.

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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 OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced in the 1989 session of the General Assembly of Georgia a bill to amend an Act providing for the compensation for the Sheriff of Fayette County (Ga. L. 1965, p. 2585, as amended, Ga. L. 1985, p. 4479, as amended and Ga. L. 1987, p. 4412) so as to increase the salary of the Sheriff of Fayette County; to repeal conflicting laws and for other purposes. William R. McNally County Attorney Fayette County 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 25, 1989.

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/s/ Gary Cornwell Sworn to and subscribed before me this 25th day of February, 1989. /s/ Helen S. Teague Notary Public Fayette County, Georgia My Commission Expires July 10, 1989 (SEAL) Approved March 22, 1989. RICHMOND COUNTY BOARD OF EDUCATION; COMPENSATION. No. 157 (House Bill No. 1046). AN ACT To amend an Act regulating public instruction in Richmond County, approved August 23, 1872 (Ga. L. 1872, p. 456), as amended, particularly by an Act approved March 21, 1974 (Ga. L. 1974, p. 2545), and an Act approved March 31, 1987 (Ga. L. 1987, p. 5101), so as to change the compensation of the members and officers of the Board of Education of Richmond County; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act regulating public instruction in Richmond County, approved August 23, 1872 (Ga. L. 1872, p. 456), as amended, particularly by an Act approved March 21, 1974 (Ga. L. 1974, p. 2545), and an Act approved March 31, 1987 (Ga. L. 1987, p. 5101), is amended by striking Section 9 thereof, relating to compensation

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of the board of education, as amended by said amendatory Act approved March 21, 1974, and inserting in its place a new Section 9 to read as follows: Section 9. Compensation of board of education. Each member of the board except the president and vice president shall be paid the sum of $4,000.00 per annum, payable in equal monthly installments; the vice president of said board shall be paid the sum of $4,500.00 per annum, payable in equal monthly installments; and the president of said board shall be paid the sum of $5,000.00 per annum, payable in equal monthly installments. Section 2. All laws and parts of laws in conflict with this Act are repealed. LEGAL NOTICE NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1989 session of the General Assembly of Georgia, a bill to amend an Act entitled An Act to Regulate Public Instruction in the County of Richmond, approved August 23, 1972 (Ga. Laws 1972, p. 456), as amended particularly by an Act approved February 25, 1949 (Ga. L. 1949, p. 1435), an Act approved March 21, 1974 (Ga. Laws 1974, p. 2545), an Act approved April 11, 1979 (Ga. L. 1979, p. 3990) and an Act approved April 6, 1981 (Ga. L. 1981, p. 3677) Act approved March 29, 1984 (Ga. L. 1984, p. 5119) and an Act approved in 1987, so as to provide for an increase in compensation for board members; to provide for other matters relating to the foregoing; to repeal conflicting laws; and for other purposes. This 26th day of January, 1989. LEONARD O. FLETCHER, JR. Attorney for the County Board of Education of Richmond County

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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: February 2, 1989. /s/ Charles W. Walker Representative, 85th District Sworn to and subscribed before me, this 27th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 22, 1989. CITY OF DALTON HEARINGS AND INVESTIGATIONS; SUBPOENAS. No. 158 (House Bill No. 1056). AN ACT To amend an Act incorporating the City of Dalton, approved February 24, 1874 (Ga. L. 1874, p. 181), as amended, so as to provide for hearings and investigations by the governing body of the City of

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Dalton and the City of Dalton Public Safety Commission; to provide for subpoenas and the enforcement thereof; to provide for service; to provide for fees and mileage; to provide for practices and procedures; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act incorporating the City of Dalton, approved February 24, 1874 (Ga. L. 1874, p. 181), as amended, is amended by adding, following Section 6, a new Section 6.1 to read as follows: Section 6.1. The governing body of the City of Dalton is authorized to conduct hearings and investigations of the operations and affairs of the city or of any office, department, or agency thereof. For such purpose and for any other purpose within its power or authority, the governing body shall have the power by subpoena to compel the attendance of witnesses and the production of documents and other evidence at any meeting thereof. The City of Dalton Public Safety Commission shall have the power in any matter of hearing or investigation within the power of authority of the commission to compel the attendance of any witnesses and other evidence at any meeting thereof by subpoena. Enforcement of the subpoena powers of the governing body of the City of Dalton and the City of Dalton Public Safety Commission shall be had by application to any court of competent jurisdiction, including but not limited to the superior court in any county where the person sought resides or the evidence to be produced may be found. Any such subpoena shall be issued in the name of the governing body over the signature of the mayor or mayor pro tempore with the attestation of the city clerk or assistant city clerk and bearing the seal of the City of Dalton. Any subpoena issued by the City of Dalton Public Safety Commission shall be issued in the name of the commission and over the signature of the duly appointed chairman of the commission and attested by the duly appointed secretary of the commission and shall bear the seal of the commission. Such subpoenas may be served in accordance with the general law of the State of Georgia on the securing of attendance of witnesses and evidence. Fees and mileage shall be tendered and required pursuant to Code Section 24-10-24 of the Official Code of Georgia Annotated. The person to whom a subpoena is directed for the production of

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documentary evidence may move to quash or modify said subpoena in any court of competent jurisdiction pursuant to the grounds set forth in subsection (b) of Code Section 24-10-22 of the Official Code of Georgia Annotated. 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 1989 Session of the General Assembly of Georgia a bill to amend an Act (Ga. L. 1874, p. 181) creating the Charter for the City of Dalton, Georgia, as amended, repealing the maximum age limitation on employment with the City of Dalton Police and Fire Departments; changing the name of the City of Dalton Civil Service Commission to the City of Dalton Public Safety Commission and empowering said Commission to adopt and use an official seal; requiring the City of Dalton Police Chief and his delegated tax levying officer to give fidelity bond or surety to the City and its Mayor in an amount not less that $100,000.00 and authorizing the governing authority of the City to increase such amount by future resolution; providing subpoena power in the City of Dalton Public Safety Commission and the Mayor and Council to compel attendance of witnesses and production of tangible evidence in administrative hearings; and repealing the requirement that the City Attorney render legal services to the City of Dalton Public Safety Commission (Civil Service Commission) without extra compensation. THIS 17TH DAY OF FEBRUARY, 1989.

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Phil Foster, Representative District 6, Post 2 Jim Tyson Griffin, Representative District 6, Post 1 Charles Judy Poag, Representative District 3 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Phil Foster, 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: February 17, 1989. /s/ Phil Foster Representative, 6th District Sworn to and subscribed before me, this 6th day of March, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 22, 1989.

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CATOOSA COUNTY BOARD OF UTILITIES COMMISSIONERS; SELECTION. No. 159 (House Bill No. 1057). 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 24, 1988 (Ga. L. 1988, p. 4726), so as to change the method of selection of the members of the board; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating 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 24, 1988 (Ga. L. 1988, p. 4726), 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 of Catoosa County, 18 years of age, a freeholder, and a consumer of the services of the district. The members of the board in office on March 24, 1988, 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 of the consumer members of the 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. Any person who is otherwise qualified to serve as a member of the board of utilities commissioners and who wishes to seek election to such board shall qualify for election by filing a written notice of candidacy with the board of utilities commissioners. Such notice shall be accompanied

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by proof that such person is a consumer of services of the district and shall be filed between 10:00 A.M. on September 1 and 3:00 P.M. on September 15 preceding the date of the annual meeting at which an election is to be held or between 10:00 A.M. of the thirtieth day and 3:00 P.M. of the fifteenth day preceding the date of a special meeting at which a vacancy is to be filled. Only those persons who file a written notice of candidacy within such time period shall be eligible for election at such meeting. The names of all such persons filing the written notice of candidacy shall be printed on the ballots to be used in such election. It shall be the duty of the board of utilities commissioners to cause a notice of the date of any meeting and the time periods for qualification as a candidate for election to the board to be published one time prior to the beginning of the qualification period in the legal organ of Catoosa County. 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 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 reelection 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. 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 1989 session of the General Assembly of Georgia a bill 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 24, 1988 (Ga. L. 1988, p. 4726); and for other purposes.

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This 24th day of February, 1989. McCracken Ken Poston GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, McCracken Poston, Jr., who, on oath, deposes and says that he is Representative from the 2nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Catoosa County News which is the official organ of Catoosa County, on the following date: March 1, 1989. /s/ McCracken Poston, Jr. Representative, 2nd District Sworn to and subscribed before me, this 2nd day of March, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 22, 1989.

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CITY OF CUTHBERT MAYOR AND COUNCIL; ELECTIONS; TERMS. No. 160 (House Bill No. 1058). AN ACT To amend an Act providing a new charter for the City of Cuthbert, approved April 9, 1963 (Ga. L. 1963, p. 3065), as amended, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmen; to provide for election procedures; to provide for the authority for this Act; 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 Cuthbert, approved April 9, 1963 (Ga. L. 1963, p. 3065), as amended, is amended by striking Section 10 and inserting in its place a new Section 10 to read as follows: Section 10. Regular elections. (a) The three aldermen elected in October, 1987, whose terms normally expire on the first Tuesday of January, 1990, shall remain in office only until December 31, 1989, and until their successors are elected and qualified. On the Tuesday next following the first Monday in November of 1989, and biennially thereafter, the successors to such two councilmen shall be elected and shall serve for terms 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. (b) The three aldermen elected in October, 1988, whose terms normally expire on the first Tuesday of January, 1991, shall remain in office only until December 31, 1990, and until their successors are elected and qualified. On the Tuesday next following the first Monday in November of 1990, and biennially thereafter, the successors to such three councilmen shall be elected and shall serve for terms 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.

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(c) The mayor elected in October, 1988, whose term normally expires on the first Tuesday in January, 1991, shall remain in office only until December 31, 1990, and until a successor is elected and qualified. On the Tuesday next following the first Monday in November, 1990, and biennially thereafter, the successor to such mayor shall be elected and shall serve for a term of office of two years and until a successor is elected and qualified and shall take office on the first day of January following such election. (d) 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 3. Said Act is further amended by striking Articles III and IV in their entirety, and inserting in their place new Articles III and IV, respectively, to read as follows: Article III. Reserved. Article IV. Reserved. Section 4. This Act is enacted pursuant to the authority provided for in subsection (c) of Code Section 21-3-64 of the O.C.G.A. 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 1989 session of the General Assembly of Georgia, a bill to amend an Act incorporating the City of Cuthbert in the County of Randolph, approved April 9, 1963 (Ga. L. 1963, page 3065), as amended; and for other purposes.

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This 23rd day of February, 1989. /s/ Honorable Gerald E. Greene Representative, 130th District 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 Southern Tribune which is the official organ of Randolph County, on the following date: February 23, 1989. /s/ Gerald E. Greene Representative, 130th District Sworn to and subscribed before me, this 6th day of March, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 22, 1989.

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BULE RIDGE JUDICIAL CIRCUIT JUDGES; SALARY SUPPLEMENT. No. 161 (House Bill No. 1080). AN ACT To amend an Act to supplement the salary of the judge of the Superior Courts of the Blue Ridge Judicial Circuit, approved February 8, 1950 (Ga. L. 1949-50, p. 102), as amended, particularly by an Act approved December 18, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 330) and an Act approved March 2, 1966 (Ga. L. 1966, p. 119), so as to increase the amount of compensation paid to such judges by the counties comprising the Blue Ridge Judicial Circuit; 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 to supplement the salary of the judge of the Superior Courts of the Blue Ridge Judicial Circuit, approved February 8, 1950 (Ga. L. 1949-50, p. 102), as amended, particularly by an Act approved December 18, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 330) and an Act approved March 2, 1966 (Ga. L. 1966, p. 119), is amended by striking in its entirety Section 1 and inserting in lieu thereof a new Section 1 to read as follows: Section 1. The governing authorities of the counties comprising the Blue Ridge Judicial Circuit may supplement the salary of each judge of the superior courts of such judicial circuit as provided in this section, payable in equal monthly installments. Each county comprising said circuit shall pay that proportion of each said judge's salary supplement as the population of such county bears to the total population of all counties comprising said circuit, according to the latest official United States decennial census. The amount of such supplement may be as follows: (1) Beginning on the effective date of this section, the supplement to the salary of each judge may be $7,500.00 per year;

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(2) Beginning on July 1, 1990, the supplement to the salary of each judge may be $10,000.00 per year; and (3) Beginning on July 1, 1991, the supplement to the salary of each judge may be $12,000.00 per year. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without 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 1989 session of the General Assembly of Georgia a bill to change the compensation of the superior court judges of the Blue Ridge Judicial Circuit; and for other purposes. This 24th day of February, 1989. Bill H. Barnett GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill H. Barnett, who, on oath, deposes and says that he is Representative from the 10th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Forsyth County News which is the official organ of Forsyth County, on the following date: March 1, 1989.

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/s/ Bill H. Barnett Representative, 10th District Sworn to and subscribed before me, this 7th day of March, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) NOTICE Notice is hereby given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to change the compensation of the Superior Court Judges of the Blue Ridge Judicial Circuit and for other purposes. This first day of March, 1989. Bill Barnett, William G. Hasty, Jr., Steve Stancil 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 Cherokee Tribune which is the official organ of Cherokee County, on the following date: March 1, 1989. /s/ Bill H. Barnett Representative, 10th District

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Sworn to and subscribed before me, this 7th day of March, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 22, 1989. TAYLOR COUNTY COUNTY MANAGER; OFFICE CREATED; COUNTY CLERK; OFFICE ABOLISHED. No. 162 (House Bill No. 1082). AN ACT To amend an Act creating a board of commissioners for Taylor County, Georgia, approved December 15, 1897 (Ga. L. 1897, p. 401), as amended, so as to create the office of county manager; to provide for the appointment of a county manager; to provide for the qualifications and duties of a county manager; to abolish the position of county clerk; to provide for the execution of a bond by the county manager; to insert a noninterference clause; 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 Taylor County, Georgia, approved December 15, 1897 (Ga. L. 1897, p. 401), as amended, is amended by redesignating Section 13 as Section 14 and by inserting a new Section 13 to read as follows: Section 13. County Manager. (a) There is created the office of county manager of Taylor County. The county manager

Page 4196

shall be appointed by a majority vote of the board of commissioners of Taylor County to serve at the pleasure of said board for an indefinite term. In addition to the duties contained herein, the county manager shall assume all of the duties of the clerk of the board of commissioners. The position of county clerk shall be abolished. No member of the board of commissioners shall be appointed county manager during the term of office for which he or she is elected or for a period of one year thereafter. (b) The county manager shall be chosen by the board solely upon the basis of his or her executive and administrative qualifications with specific reference to his or her actual experience in or knowledge of accepted practices in respect to the duties of his or her office as set forth in this section. (c) The board of commissioners of Taylor County shall continue to be the chief executive entity of the county and it shall be the duty of the board to set the overall executive policies and procedures of the county. The county manager shall be the chief administrative officer of the county and shall be responsible to the board for the proper and efficient administration of all the affairs of the county, including all of the day-to-day operations of the county, except as otherwise provided by law. Specifically, it shall be the duty of the county manager to: (1) Appoint and remove all officers and employees of the county which the commissioners have been heretofore empowered to appoint and discharge, except the county attorney and the outside auditor, who shall be appointed and removed by the board of commissioners; (2) See that all laws and ordinances of the county are enforced; (3) Exercise control over all departments or divisions of the county which the board has heretofore exercised or any that may hereafter be created; (4) Prepare and submit to the board of commissioners an annual budget; (5) Keep the board of commissioners fully advised as to the financial condition and needs of said county;

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(6) Supervise and direct the official conduct of all county officers and department heads who may be appointed or discharged by the county manager; (7) Attend all meetings of the board of commissioners with the right to take part in the discussion, but to have no vote on any matter before the board; (8) Be responsible for keeping all records of the board of county commissioners, including the minutes of all meetings of the board, and for attesting to all signatures contained on any documents of Taylor County; and (9) Perform such other duties as may be required by the board of commissioners. (d) The county manager shall be the chief purchasing agent for the county, by whom all purchases of supplies and all contracts therefore shall be made. He or she shall countersign with the chairman, or, in the absence of the chairman from the county, the vice-chairman, or, in the instance that both are absent from the county, any commission member, all purchases, contracts, and all vouchers for the payment of the same under such rules and regulations as the board may adopt not inconsistent herewith. The board shall adopt rules for regulating purchases made by the county and the county manager shall be governed thereby. In no event shall the county manager be authorized to spend in excess of $2,500.00 for the purchase of any item for use by the county without the prior consent of a majority of the duly qualified members of the board. (e) The county manager shall be directly responsible for the construction and maintenance of all roads and bridges under the jurisdiction of Taylor County. He or she shall appoint a public works director whose primary duty shall be to supervise the construction and maintenance of all county roads and bridges. (f) The county manager shall be required to execute and deliver a good and sufficient bond payable to Taylor County to be approved by the board of commissioners and conditioned upon the faithful performance of his or her duties. The amount of said bond shall be determined by the board of commissioners. Said

Page 4198

bond shall be delivered to the board within five days after the county manager assumes his or her duties and, upon receipt, it shall be filed by the chairman of the board in the office of the clerk of the Superior Court of Taylor County. (g) Except for the purpose of inquiry and investigation, the board of commissioners shall deal with county employees who are subject to appointment and removal by the county manager solely through the county manager and shall not give orders or directions to any such employee, either publicly or privately, directly or indirectly. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION There will be introduced in the 1989 session of the Georgia General Assembly to amend an act creating a board of commissioners for Taylor County, Georgia, approved December 15, 1897 (Ga. L. 1897, p.401), as amended, so as to create the office of county manager, to provide for the qualifications and duties of a county manager, to provide for the execution of a bond by the county manager, to insert a noninterference clause, to repeal conflicting laws, and for other purposes. This 25th day of February, 1989. HONORABLE WARD EDWARDS Representative 112th District GEORGIA, FULTON COUNTY

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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: March 2, 1989. /s/ Ward Edwards Representative, 112th District Sworn to and subscribed before me, this 6th day of March, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 22, 1989. BALDWIN COUNTY STATE COURT; JUDGE; SOLICITOR; COMPENSATION; FULL-TIME POSITIONS. No. 163 (Senate Bill No. 166). 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. 1871-72, p. 288), as amended, so as to change the compensation provisions relating to the judge and the solicitor of the State Court of Baldwin County; to provide that the offices of judge and solicitor of the State Court of Baldwin County shall be full-time

Page 4200

positions and that such officers shall not engage in the private practice of law; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating county courts (now state courts) in certain designated counties of this state, approved January 19, 1872 (Ga. L. 1871-72, 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 $47,500.00, payable in equal monthly installments out of the funds of Baldwin County. Section 2. Said Act is further amended by adding immediately following Section 1F a new Section 1G to read as follows: Section 1G. (a) The office of judge of the State Court of Baldwin County shall be a full-time position and the said judge shall not engage in the private practice of law. (b) The office of solicitor of the State Court of Baldwin County shall be a full-time position and the said solicitor shall not engage in the private practice of law. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATIVE Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to amendment an Act creating the State Court of Baldwin County (formerly County Court of Baldwin County), approved January 19, 1872 (Ga. L. 1871-72, p. 288), as amended; and for other purposes.

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This 10th day of Jan., 1989. Honorable Culver Kidd Senator, 25th District 1/13/89 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 13, 1989. /s/ Culver Kidd Senator, 25th District Sworn to and subscribed before me, this 24th day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (Seal) Approved March 22, 1989.

Page 4202

MACON-BIBB COUNTY WATER AND SEWERAGE AUTHORITY EMPLOYEES PENSION PLAN. No. 164 (Senate Bill No. 341). AN ACT To amend an Act entitled Macon-Water Commissioners Pension Plan approved December 30, 1953, (Ga. L. 1953, November-December Session, p. 2831, Et Seq.), as amended, by an Act entitled Board of Water Commissioners Retirement System Amended (Ga. L. 1964, p. 2695, Et. Seq.), as amended by an Act entitled Board of Water Commissioners Retirement System Amended (Ga. L. 1970, p. 2324, Et. Seq.), as amended by an ordinance of the City of Macon, Georgia, entitled City of Macon-Charter Amended-Water Commissioners Pension Plan Amended, approved May 22, 1973, passed and approved pursuant to the authority of the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 298, Et. Seq.), as amended by an Act entitled Macon-Bibb County Water and Sewerage Act Amended (Ga. L. 1981, p. 3465, Et. Seq.); and as amended by an Act entitled Macon-Bibb County Water Sewerage Authority Employees Pension Plan-Amended, approved April 12, 1982 (Ga. L. 1982, p. 4157, Et. Seq.); and as amended by an Act entitled Macon-Bibb County Water Sewerage Authority-Employees Pension Plan, approved March 27, 1985 (Ga. L. 1985, p. 4543, Et Seq.); and as amended by an Act entitled Macon-Bibb County Water Sewerage Authority-Employees Pension Plan-Benefits, approved March 28, 1988 (Ga. L. 1988, p. 4872, Et Seq.), so as to amend Section 6(c)(2) Option C of said Act so as to disallow any lump sum distribution of benefits; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Section 6 of an Act entitled Macon-Water Commissioners Pension Plan, approved December 30, 1953, (Ga. L. 1953, November-December Session, p. 2831, Et Seq.), as amended, by an Act entitled Board of Water Commissioners Retirement System Amended (Ga. L. 1964, p. 2695, Et. Seq.), as amended by an Act entitled Board of Water Commissioners Retirement System Amended (Ga. L. 1970, p. 2324, Et. Seq.), as amended by an

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ordinance of the City of Macon, Georgia, entitled City of Macon-Charter Amended-Water Commissioners Pension Plan Amended, approved May 22, 1973, passed and approved pursuant to the authority of the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 298, Et. Seq.), as amended by an Act entitled Macon-Bibb County Water and Sewerage Act Amended (Ga. L. 1981, p. 3465, Et. Seq.); and as amended by an Act entitled Macon-Bibb County Water Sewerage Authority Employees Pension Plan-Amended, approved April 12, 1982 (Ga. L. 1982, p. 4157, Et. Seq.); and as amended by an Act entitled Macon-Bibb County Water Sewerage Authority-Employees Pension Plan, approved March 27, 1985 (Ga. L. 1985, p. 4543, Et Seq.); and as amended by an Act entitled Macon-Bibb County Water Sewerage Authority-Employees Pension Plan-Benefits, approved March 28, 1988 (Ga. L. 1988, p. 4872, Et Seq.), as amended, is amended by striking Option C of Section 6(c)(2) and inserting in lieu thereof a new Option C to read as follows: Option C. Other Options Subject to the approval of the Board, any form of option except a lump sum distribution. 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. GEORGIA, BIBB COUNTY NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Pursuant to Official Code of Georgia Annotated Section 20-1-14, notice is hereby given that application will be made to the 1989 session of the Georgia General Assembly to amend an Act entitled Macon-Water Commissioners Pension Plan approved December 30, 1953, (Ga. L. 1953, November-December Session, p. 2831, Et. Seq.), as amended, by an Act entitled Board of Water Commissioners Retirement System Amended (Ga. L. 1964, p. 2695, Et.Seq.), as amended by an Act entitled Board of Water Commissioners Retirement System Amended (Ga. L. 1970, p. 2324, Et.Seq.), as

Page 4204

amended by an ordinance of the City of Macon, Georgia, entitled City of Macon-Charter Amended-Water Commissioners Pension Plan Amended, approved May 22, 1973, passed and approved pursuant to the authority of the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 298, Et Seq.), as amended by an Act entitled Macon-Bibb County Water and Sewerage Act Amended (Ga. L. 1981, p.3465, Et. Seq.); and as amended by an Act entitled Macon-Bibb County Water Sewerage Authority Employees Pension Plan-Amended, approved April 12, 1982 (Ga. L. 1982, p.4157,Et Seq.); and as amended by an Act entitled Macon-Bibb County Water Sewerage Authority-Employees Pension Plan, approved March 27, 1985 (Ga. L. 1985, p. 4543, Et Seq.); and as amended by an Act entitled Macon-Bibb County Water Sewerage Authority-Employees Pension Plan-Benefits, approved March 28, 1988 (Ga. L. 1988, p. 4872, Et Seq.) to amend Section 6(c) (2) Option C of said Act so as to disallow any lump sum distribution to benefits; to provide for the effective date of this Act; to repeal conflicting laws; and for other purposes. This 23rd day of December, 1988. MACON-BIBB COUNTY WATER SEWERAGE AUTHORITY By: W. WARREN PLOWDEN, JR Attorney for the MACON-BIBB WATER SEWERAGE AUTHORITY GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy C. Olmstead, who, on oath, deposes and says that he is Senator from the 26th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Macon Telegraph and News which is the official organ of Bibb County, on the following date: December 31, 1988. /s/ Tommy C. Olmstead Senator, 26th District

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Sworn to and subscribed before me, this 14th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989. Approved March 22, 1989. COBB COUNTY STATE COURT; CLERK; CHIEF DEPUTY CLERK; COMPENSATION. No. 165 (Senate Bill No. 377). 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 24, 1988 (Ga. L. 1988, p. 4778), 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 24, 1988 (Ga. L. 1988, p. 4778), 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 $44,100.00 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 $52,237.00, 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 $54,849.00, 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 1989 session of the General Assembly of Georgia, a bill to amend an act creating the State Court of Cobb County, formerly the Civil and Criminal Court of Cobb County, approved March 28, 1985 (Ga. L. 1984, p. 3211) and for other purposes. This 2nd day of Jan., 1989.

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/s/ Fred Aiken CHUCK CLAY ROY BARNES HUGH RAGAN SALLIE NEWBILL SENATORS JACK VAUGHN HERMAN CLARK STEVE THOMPSON EARL ERHART GRESHAM HOWREN FRED AIKEN JOHNNY ISAKSON JOHNNY GRESHAM TOM WILDER BILL ATKINS REPRESENTATIVES 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 6, 1989. /s/ Hugh A. Ragan Senator, 32nd District Sworn to and subscribed before me, this 21st day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989. Approved March 22, 1989.

Page 4208

COBB COUNTY STATE COURT; CHIEF JUDGE; JUDGES; COMPENSATION. No. 166 (Senate Bill No. 379). AN ACT To amend an Act creating the State Court of Cobb County, approved March 24, 1964 (Ga. L. 1964, p. 3211), as amended, so as to create the position of chief judge of the State Court of Cobb County; to change the compensation of the judges of the State Court of Cobb County; to provide for the power, authority, and functions of the chief judge; to provide for the salary of the chief judge; 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, is amended by adding a new paragraph at the end of Section 3 to read as follows: The judge of said court who is senior in length of continuous service as a state court judge shall be the chief judge and shall be responsible for the administration and expeditious disposition of the business of the state court and shall have power to make such rules as he shall deem necessary or proper for such purpose but not in conflict with the general laws of this state, which rules shall be binding upon the other judge or judges of the state court. He shall be vested with the power to make all appointments whenever the law provides for the state court judge to make appointments. The chief judge shall serve as liaison between the state court and the Board of Commissioners for Cobb County with respect to the budget, personnel, and other matters. He shall also serve as liaison between the state court and other courts

Page 4209

and between the state court and the general public. He shall have such additional duties as may be agreed upon by the judges of the state court and as prescribed by general law. The chief judge of the State Court of Cobb County shall receive as additional compensation $1,200.00 per annum. Section 2. Said Act is further amended by striking from Section 23 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., and inserting in lieu thereof the following: On and after April 1, 1989, the salary of the judges of the State Court of Cobb County shall be $74,917.00 per annum. 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 1989 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 2nd day of Jan., 1989.

Page 4210

/s/ Fred Aiken CHUCK CLAY ROY BARNES HUGH RAGAN SALLIE NEWBILL SENATORS JACK VAUGHN HERMAN CLARK STEVE THOMPSON EARL ERHART GRESHAM HOWREN FRED AIKEN JOHNNY ISAKSON JOHNNY GRESHAM TOM WILDER BILL ATKINS REPRESENTATIVES 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 6, 1989. /s/ Hugh A. Ragan Senator, 32nd District Sworn to and subscribed before me, this 7th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989. Approved March 22, 1989.

Page 4211

GWINNETT COUNTY BOARD OF COMMISSIONERS; EXPENSES; ACCOUNT; CHARITABLE EXPENDITURES. No. 167 (Senate Bill No. 387). AN ACT To amend an Act creating the board of commissioners of Gwinnett County, approved January 31, 1968 (Ga. L. 1968, p. 4658), as amended, so as to require the board to prepare annually and make available for public dissemination an itemized account of all reimbursed expenses; to authorize the expenditure of county funds for certain purposes; to provide for conditions; to prohibit certain reimbursement; 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. 4658), as amended, is amended by adding a new subsection at the end of Section 7, to be designated subsection (c), to read as follows: (c) Not later than December 31 of each year, the board of commissioners shall prepare and make available for public dissemination in the county legal organ and such other media as the board shall deem appropriate, an itemized account of all expenses of the chairman and each member of the board of commissioners which were reimbursed with county funds during the preceding calendar year. Section 2. Said Act is further amended by adding a new section immediately following Section 11, to be designated Section 11A, to read as follows:

Page 4212

Section 11A. (a) The board of commissioners shall be authorized to expend county funds within Gwinnett County for purely charitable purposes only: (1) Pursuant to the terms of a contract or agreement with a charitable organization or entity; or (2) Upon a majority vote by the members of the board when there is no contract or agreement with a charitable organization or entity; provided, however, that the board of commissioners shall only be authorized to so expend county funds for such purposes in cases where the county receives a direct consideration or benefit in return for such expenditure. (b) Neither the chairman, the county manager, nor any member of the board of commissioners shall be authorized under any circumstances whatsoever to be reimbursed with county funds for any expenditure, donation, or contribution for purely charitable purposes except as specifically authorized in this section. 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 1989 session of the General Assembly of Georgia a bill to amend an Act creating the board of commissioners of Gwinnett County, approved January 31, 1968 (Ga. L. 1968, p. 4658), as amended; and for other purposes. This 27th day of January, 1989.

Page 4213

-s-Charles Bannister Honorable Charles Bannister Representative, 62nd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R.T. Phillips, who, on oath, deposes and says that he is Senator from the 9th 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 27, 1989. /s/ R.T. Phillips Senator, 9th District Sworn to and subscribed before me, this 24th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989. Approved March 22, 1989.

Page 4214

GWINNETT COUNTY COUNTY HISTORIAN. No. 168 (Senate Bill No. 394). AN ACT To provide a county historian for Gwinnett County; to provide that the chief judge of the Superior Court of Gwinnett County shall appoint the county historian; to provide that the county governing authority shall provide for the compensation of such historian; to provide that the county governing authority shall provide adequate funding and office space and personnel as are reasonably necessary for the county historian to carry out his duties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. There is created the position of county historian for Gwinnett County. The chief judge of the Superior Court of Gwinnett County shall appoint the county historian. The governing authority of Gwinnett County shall provide for the compensation of the county historian. The governing authority shall also provide adequate funding and office space and personnel as are reasonably necessary to enable the county historian to carry out his duties. Section 2. 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 1989 Session of the General Assembly of Georgia a bill to provice for a county historian for Gwinnett County; to provide that the Chief Judge of the Superior Court of Gwinnett County shall appoint the county historian; to provide that the county governing authority shall provide for the compensation of such historian; to provide adequate funding, office space and personnel as are resonable and necessary for the county historian to carry out his duties; to repeal conflicting laws and for other purposes.

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This 16th day of February, 1989. Donn Peevy Senator, 48th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Donn M. Peevy, who, on oath, deposes and says that he is Senator from the 48th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily News which is the official organ of Gwinnett County, on the following date: February 24, 1989. /s/ Donn M. Peevy Senator, 48th District Sworn to and subscribed before me, this 27 day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989. Approved March 22, 1989.

Page 4216

CITY OF LAGRANGE SCHOOL SUPERINTENDENT; APPOINTMENT; TERM. No. 173 (Senate Bill No. 247). AN ACT To amend an Act creating a new charter for the City of LaGrange in Troup County, approved March 8, 1968 (Ga. L. 1968, p. 2191), as amended, so as to authorize the Board of Education of the City of LaGrange to elect and appoint a Superintendent of the LaGrange School System for a term not to exceed four years; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a new charter for the City of LaGrange in Troup County, approved March 8, 1968 (Ga. L. 1968, p. 2191), as amended, is amended by striking Section 8.12 in its entirety and inserting in lieu thereof a new Section 8.12 to read as follows: Section 8.12. Powers of Board. (a) The Board of Education shall elect and appoint a Superintendent of Schools for a term not to exceed four years. (b) The Board of Education shall elect annually principals and teachers for the public schools of LaGrange; shall adopt such rules and regulations as may be necessary for the successful conduct of said schools; shall approve selection of textbooks and books of reference to be used by the pupils; shall have general supervision and management of the schools; and shall do such other acts required by the laws of the State of Georgia and such other acts not inconsistent therewith as will promote the efficiency of the system of education under their charge. 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 1989 Session of the General Assembly of Georgia a bill to amend an act creating a new charter for the City of LaGrange in Troup County, approved March 8, 1968 (Ga. L 1968, p. 2191), as amended; to change the term of the Superintendent of the LaGrange School System; and for other purposes. This 25th day of January, 1989. A. Quillian Baldwin, Jr. State Senator 29th Senatorial District. PUBLISHER'S AFFIDAVIT Personally before the undersigned officer authorized to administer oaths appeard GLENN O. LONG who after being duly sworn states that he is the Publisher of the LaGrange Daily News which is the official organ of Troup County, Georgia and that the attached Notice of Intention to Introduce Local Legislation was published in the LaGrange Daily News on the 27th day of January, 1989. /s/ Glen O. Long - Publisher LaGrange Daily News Sworn to and subscribed before me this 27th day of January, 1989. /s/ James R. Lewis Notary Public Troup County, Georgia

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My Commission Expires: Sept. 12, 1992 Approved March 30, 1989. CITY OF MONTICELLO EMPLOYEE RESIDENCY REQUIREMENTS REPEALED; MUNICIPAL COURT; FINES. No. 174 (Senate Bill No. 281). AN ACT To amend an Act repealing an Act incorporating the City of Monticello and granting a new charter to the City of Monticello, approved March 10, 1959 (Ga. L. 1959, p. 2683), as amended, so as to repeal certain provisions relating to residency requirements for employees of the city; to change the provisions relating to fines imposed by the judge of the municipal court; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act repealing an Act incorporating the City of Monticello and granting a new charter to the City of Monticello, approved March 10, 1959 (Ga. L. 1959, p. 2683), as amended, is amended by striking and repealing in its entirety Section 22, which reads as follows: Section 22. No person shall be eligible to the office of clerk, attorney, tax assessor or treasurer who has not been a bona fide resident of said city for one year or more preceding his election, and who is not a qualified elector to vote in the city elections of said city. Should any officer listed above in this section, during his term of office, remove from the limits of the said city, his office shall thereby become vacant. All employees other than those named above in this section must become a resident in the city the day he or she begins work for the said city.

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Section 2. Said Act is further amended by striking Section 30 in its entirety and inserting in lieu thereof a new Section 30 to read as follows: Section 30. The judge of the municipal court (recorder) shall have the power to impose fines for the offense of breaking the laws or ordinances of said city in an amount not to exceed $2,000.00, or to imprison offenders for a period of not more than 30 days, or to sentence prisoners to labor on the public works of the streets of said city for a period of not more than 90 days. He shall have the power to punish for contempt by a fine not to exceed $50.00 or imprisonment not to exceed 30 days. He shall have the power of a magistrate so far as to enable him to issue warrants for offenses committed within the corporate limits of the city, which warrants may be executed by any member of the police force, and to try and to commit the offenders to jail in Jasper County, or admit them to bail, for their appearance at the next term of a court of competent jurisdiction to be held in and for said county. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to amend an Act repealing an Act incorporating the City of Monticello and granting a new charter to the City of Monticello, approved March 10, 1959 (Ga. L. 1959, p. 2683), as amended; and for other purposes. This 5 day of Jan, 1989. Honorable Culver Kidd Senator, 25th District STATE OF GEORGIA

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COUNTY OF JASPER PUBLISHER'S AFFIDAVIT Personally appeared before the undersigned Deponent, BILL HUGHES, before the undersigned attesting officer, who after being duly sworn, states on oath that the following statement is true: That the Deponent is the Publisher of The Monticello News, being the official organ of Jasper County in which legal advertisements are regularly published and as such, published one time on January 12, 1989, a Notice of Intent to Introduce Local Legislation as follows: Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to amend an Act repealing an Act incorporating the City of Monticello and granting a new charter to the City of Monticello, approved March 10, 1959 (Ga. L. 1959, p. 2683), as amended; and for other purposes. This 5 day of Jan, 1989. Honorable Culver Kidd Senator, 25th District /s/ W.T.Hughes Deponent Sworn to and subscribed before me this 26 day of January, 1989. /s/ Chris Hughes Notary Public, Jasper County, Georgia My Commission Expires Sept. 12, 1992 Approved March 30, 1989.

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CHATHAM COUNTY OFFICIALS; COMPENSATION. No. 175 (Senate Bill No. 286). 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 effective dates of such changes; 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 paragraphs (2) and (3) 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..... 50,000.00 per annum Judge of the juvenile court..... 50,000.00 per annum Judge of the state court..... 69,500.00 per annum Chief magistrate of the magistrate court..... 50,000.00 per annum Magistrate of the magistrate court..... 45,000.00 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. (3) (A) The governing authority of Chatham County shall raise the minimum salary of the judge of the state court to the minimum salary set forth in paragraph (1) of this subsection effective April 1, 1989. (B) The governing authority of Chatham County shall raise the minimum salaries of the judge of the probate court, chief magistrate, magistrate, and judge of the juvenile court to the minimum salaries set forth in paragraph (1) of this subsection effective January 1, 1990.

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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 given that there will be introduced at the regular 1989 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 others purposes. This 20th day of January, 1989. Honorable Albert J. Scott Senator, 2nd District Jan. 23 N STATE OF GEORGIA CHATHAM COUNTY Affidavit of Publication X Savannah Morning News Savannah Evening Press 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 Jan. 23, 1989, and finds that the following Advertisement, to-wit:

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appeared in each of said editions. /s/ Gene Stevens (Deponent) Sworn to and subscribed before me this 30 day of Jan., 1989. /s/ Diane M. Strickland Notary Public, Chatham County, Georgia My Commission Expires Apr. 28, 1989 Approved March 30, 1989. COBB COUNTY STATE COURT; SOLICITOR; ELECTION; TERMS; DUTIES; PERSONNEL. No. 176 (Senate Bill No. 315). 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 April 10, 1971 (Ga. L. 1971, p. 3605), so as to provide for a solicitor for the State Court of Cobb County; to provide for the election, terms, compensation, and duties of said solicitor; to provide for assistant solicitors; to provide for the appointment, compensation, and duties of said assistant solicitors; to provide for secretarial, clerical, and investigatory help; to provide for supplies and office space; to provide for related matters; 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 April 10, 1971 (Ga. L. 1971, p. 3605), is amended by striking subsections (a) through (f) of Section 27 of said Act in their entirety and inserting in lieu thereof new subsections (a) through (f) to read as follows: (a) There shall be a solicitor for the State Court of Cobb County whose duty it shall be to represent the state in all prosecutions pending in such court and in all matters in which it is the duty of the district attorney of the superior courts of this state to represent the state. 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. The solicitor of the State Court of Cobb County shall have been a resident and elector of Cobb County, Georgia, for at least one year immediately preceding his election or appointment and shall have been engaged in the practice of law at least three years next preceding his election or appointment and shall be at least 25 years of age. The candidates for solicitor of the State Court of Cobb County shall qualify and run in the same manner as the district attorney of Cobb County. Said solicitor shall be elected by the electors of Cobb County at the 1972 general election in an election held for that purpose. The person receiving a majority of the votes cast for solicitor shall be elected and shall take office on January 1, 1973, for a term of four years and until his successor is elected and qualified. Thereafter, the solicitor for the State Court of Cobb County shall be elected at the general election immediately preceding the expiration of the term of the solicitor in office and shall be elected for a term of office of four years and until his successor is elected and qualified. (b) (1) The compensation of the solicitor shall be $65,000.00 per year, payable in equal monthly installments from the funds of Cobb County. (2) Said compensation shall be in lieu of any and all perquisites, fines, forfeitures, commissions, funds, moneys,

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and fees allowed him as compensation in any capacity. The solicitor shall diligently and faithfully undertake to collect all perquisites, fines, forfeitures, commissions, funds, moneys, and fees allowed him as compensation for his services in any capacity and shall pay the same into the county treasury on or before the fifteenth day of each month next following the month in which they were collected or received. Said solicitor shall not engage in the private practice of law during the term of office for which he is elected. (3) In addition to the salary provided by paragraph (1) of this subsection, the Cobb County governing authority shall from county funds pay to the Trial Judges and Solicitors Retirement Fund on behalf of the solicitor the 7 percent employee contribution which he is required to make to the fund under the general laws of this state. This paragraph shall not apply to, and the county shall not pay, the additional 2 percent contribution for spouses' benefits. (c) Any vacancy which may occur in the office of solicitor of the State Court of Cobb County by death, resignation, or otherwise shall be filled by appointment by the Governor, in the manner a vacancy in the office of district attorney is filled pursuant to Code Section 45-5-3 of the O.C.G.A. (d) The solicitor shall have the authority to appoint the same number of assistant solicitors as the number of judges of Division I and Division II of the State Court of Cobb County and the same number of additional assistant solicitors as the number of magistrates of the Magistrate Court of Cobb County, plus two additional assistant solicitors, one of whom shall be the chief assistant solicitor. The compensation of such assistant solicitors shall be determined by the solicitor, except that said compensation of such assistant solicitors, except the chief assistant solicitor, shall not be less than $17,000.00 per year nor more than 75 percent of the compensation of the solicitor, payable in equal monthly installments from the funds of Cobb County. The compensation of the chief assistant solicitor shall not be less than $17,000.00 per year 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 the private practice of law.

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(e) The solicitor shall have the authority to appoint, in addition to assistant solicitors, such secretaries, clerks, investigators, and other personnel as are in his determination reasonably required in discharging the official duties of said office. The solicitor shall, from time to time, notify the board of commissioners of Cobb County of the number of such personnel needed by his office, together with the suggested compensation to be paid each employee. However, it shall be within the sole discretion of the board to fix the compensation to be received by each employee in said office, except that the compensation of assistant solicitors shall be determined in accordance with the provisions of subsection (d) of this section. It shall be within the sole authority of the solicitor to prescribe the duties and assignments of the assistant solicitors and the other personnel of his office and to remove or replace any of such employees at will and within his sole discretion. The investigators shall have the same power to make arrests, to execute and return all criminal warrants and processes, and to serve as peace officers as may be performed by sheriffs and shall have the authority to enforce the criminal or traffic laws through the power of arrest; and those duties include the preservation of public order, the protection of life and property, and the prevention, detection, or investigation of crime. (f) The necessary operating expenses of the solicitor's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All office space, supplies, materials, furnishings, furniture, utilities, and equipment and the repair, replacement, and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the board of commissioners 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.

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to amend an Act providing for the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended particularly by an Act approved April 10, 1971 (Ga. L. 1971, p. 3211); and for other purposes. This 24 day of January, 1989. /s/Sallie Newbill Honorable Sallie Newbill Senator, 56th District 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: January 27, 1989. /s/ Sallie Newbill Senator, 56th District Sworn to and subscribed before me, this 2nd day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 30, 1989.

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CITY OF ATLANTA AND CITY OF ATLANTA SCHOOL DISTRICT HOMESTEAD EXEMPTION; REFERENDUM. No. 177 (Senate Bill No. 334). AN ACT To provide a homestead exemption of $10,000.00 from all City of Atlanta and City of Atlanta School District ad valorem taxes, except ad valorem taxes levied to pay interest on and retire bonded indebtedness, for each resident of the City of Atlanta who is 65 years of age or over or disabled if the resident's adjusted gross income together with the adjusted 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 the City of Atlanta and City of Atlanta School District who is 65 years of age or over or disabled is granted an exemption from all City of Atlanta and City of Atlanta School District ad valorem taxes in the amount of $10,000.00 on a 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

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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 value of the residence in excess of the above-exempted amount shall remain subject to taxation. The homestead exemption provided for in this Act shall not apply to any ad valorem taxes levied to pay interest on and retire bonded indebtedness. (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 more than three 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 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, 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.

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(e) The homestead exemption granted by this section shall be cumulative of any other homestead exemption applicable to City of Atlanta or City of Atlanta School District ad valorem taxes. The homestead exemption granted by this section shall apply to all taxable years beginning after December 31, 1990. Section 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Atlanta 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 Atlanta School District for approval or rejection. The election superintendent shall conduct that election on the same date as the November, 1990, 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 a homestead exemption of $10,000.00 from all City of Atlanta and City of Atlanta School District ad valorem taxes, but not ad valorem taxes levied to pay interest on and retire bonded indebtedness, for each resident of the City of Atlanta who is 65 years of age or over or disabled if the resident's adjusted gross income, together with the adjusted 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

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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 the City of Atlanta. 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 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 an increase in the amount of homestead exemption for persons over 65 years of age whose household income does not exceed the maximum social security benefit, providing for all related matters, repealing conflicting laws, and for other purposes. This 26th day of January, 1989. W. M. Alexander Legislative Coordinator City of Atlanta GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Horace Tate, who, on oath, deposes and says that he is Senator from the 38th 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 26, 1989.

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/s/ Horace Tate Senator, 38th District Sworn to and subscribed before me, this 31st day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 30, 1989. MARIETTA-COBB COUNTY ANTI-DRUG COMMISSION CREATION. No. 178 (Senate Bill No. 340). AN ACT To provide for the Marietta-Cobb 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 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

Page 4234

membership and the appointment of members of the commission; to provide that no debt or obligation of the City of Marietta or the County of Cobb 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 Marietta and in Cobb 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; 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 Marietta-Cobb County Anti-Drug Commission Act. Section 2. Anti-Drug Commission. There is created a body corporate and politic, to be known as the Marietta-Cobb 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, and 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 existence for and during a term of five years, beginning on July 1, 1989, and terminating on June 30, 1994, at which time such commission shall be dissolved and shall thereafter be nonexistent.

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Section 4. Composition. (a) The commission shall be composed of 30 members, to fill the 30 respective posts, as follows: Post Members 1. The mayor of the City of Marietta; 2. The chairman of the board of commissioners of Cobb County; 3. The mayor of the City of Austell; 4. The mayor of the City of Smyrna; 5. The mayor of the City of Acworth; 6. The mayor of the City of Kennesaw; 7. The mayor of the City of Powder Springs; 8. The chairman of the South Cobb Development Authority; 9. The sheriff of Cobb County; 10. The chief of police of the City of Marietta; 11. The Public Safety Director of Cobb County; 12. The superintendent of the Cobb County School System; 13. The superintendent of the Marietta City School System; 14. The chairman of the Board of Health of Cobb County; 15. The district attorney of the Cobb Judicial Circuit or any successor judicial circuit that embraces or includes the Superior Court of Cobb County; 16. The president of the Cobb County Medical Association; 17. The president of the Cobb County Pharmacy Association; 18. The president of the Cobb County Chamber of Commerce;

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19-20. One member shall be appointed to each of these two posts by the governing authority of the City of Marietta for such term of office as such commission may desire during the five-year period of existence of such commission; 21-22. One member shall be appointed to each of these two posts by the governing authority of the County of Cobb for such term of office as such commission may desire during the five-year period of such commission; 23-26. Two members who shall represent the western portion of Cobb County shall be appointed to two of these four posts and two members who shall represent the eastern portion of Cobb County shall be appointed to two of these four posts by a majority vote of the members of the House of Representatives whose districts lie wholly or partially within Cobb County; 27. One member who shall be appointed by the Senator representing state Senate District 32; 28. One member who shall be appointed by the Senator representing state Senate District 33; 29. One member who shall be appointed by the Senator representing state Senate District 37; and 30. One member who shall be appointed by the Senator representing state Senate District 56. (b) Each of the officers in Posts 1 through 18 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 19 or 20 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 Marietta.

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(b) 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 County of Cobb. (c) Any vacancy in the above-designated Post 23, 24, 25, or 26 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 a majority vote of the members of the House of Representatives whose districts lie wholly or partially within Cobb County. (d) Any vacancy in the above-designated Post 27, 28, 29, or 30 occurring by the death, resignation, or otherwise of such member shall be filled for the unexpired term of office by a person appointed by the state Senator who appointed the member whose seat has been vacated. (e) If any of the above-designated offices of members of Posts 1 through 18 should become vacant or be discontinued or become nonexistent for any cause or reason whatever, the Grand Jury of the Superior Court of Cobb 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 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.

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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 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 Marietta and the County of Cobb 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, 1989. The commission shall make a written request to the City of Marietta and the County of Cobb 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 Marietta and the County of Cobb on or before April 15, 1989, 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

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discretionary with the City of Marietta and the County of Cobb. In addition to any such annual contribution, both the City of Marietta and the County of Cobb are 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 authorized: (1) To work and cooperate with, and to seek the cooperation of, the City of Marietta and all other municipalities of the State of Georgia; the County of Cobb 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 provided in this Act, to accomplish the above-stated purpose of the existence of such commission;

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(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 Marietta, with the County of Cobb, or with any other political subdivision or municipal corporation of the state in the exercise of its charge; (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 provided for in this Act; (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 Marietta, the County of Cobb, 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;

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(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 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. 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 Marietta or the County of Cobb. 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 Cobb County or the Superior Court of Cobb 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 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.

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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 stated by this Act. 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. 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 Marietta or Cobb County, or any other municipal corporation or political subdivision of this state, any right, authority, or power held by any such public entity or body politic. Section 20. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 21. General repealer. All laws and parts of law 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 1989 session of the General Assembly of Georgia a bill to create the Marietta-Cobb County Anti-Drug Commission: to confer powers and impose duties on such commission: and for other purposes. This 1 day of February, 1989.

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s/Roy E. Barnes Honorable Roy E. Barnes Senator, District 33 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 3, 1989. /s/ Roy E. Barnes Senator, 33rd District Sworn to and subscribed before me, this 10th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 30, 1989.

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WARREN COUNTY SHERIFF; DEPUTY SHERIFFS; COMPENSATION; EXPENSES; EQUIPMENT. No. 179 (Senate Bill No. 365). AN ACT To amend an Act placing the sheriff of Warren County on an annual salary in lieu of the fee system of compensation, approved March 11, 1963 (Ga. L. 1963, p. 2160), as amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3233), so as to change certain provisions relating to the appointment of deputy sheriffs; to provide for the compensation of such deputy sheriffs; to authorize the board of commissioners to provide uniforms and leatherware for the deputy sheriffs; to provide additional compensation for the sheriff and deputy sheriffs while on official business outside the territorial limits of Warren County; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act placing the sheriff of Warren County on an annual salary in lieu of the fee system of compensation, approved March 11, 1963 (Ga. L. 1963, p. 2160), as amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3233), is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. (a) The sheriff of Warren County, Georgia, is authorized to appoint one or more deputy sheriffs to assist him in the performance of his duties. Each deputy shall receive an annual salary of not less than $12,000.00, payable in equal monthly installments from the funds of Warren County; provided, however, that the Board of Commissioners of Warren County shall be authorized to approve the total compensation to be paid collectively to all of the deputy sheriffs so appointed. (b) The Board of Commissioners of Warren County shall provide the uniforms and leatherware for all deputy sheriffs from the funds of Warren County.

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(c) The sheriff and his deputies in addition to any other compensation provided in this Act shall receive actual expenses when out of the territorial limits of Warren County attending official business or on business of the county as may be authorized by the Board of Commissioners of Warren County. The payment of such expenses shall be from the funds of Warren County. It shall be proper and lawful for the Board of Commissioners of Warren County to pay out of the county funds the sums and amounts provided for and authorized in this Act. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without 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 1989 session of the General Assembly of Georgia, a bill to amend an Act placing the sheriff of Warren County upon an annual salary in lieu of the fee system of compensation, approved March 11, 1963 (Ga. L. 1963, p. 2160), as amended, so as to change certain provisions relating to the appointment, compensation, uniforms, and equipment of the sheriff's deputies; and for other purposes. This 2nd day of February, 1989. -s-G. B. Jake Pollard, Jr. GEORGIA, FULTON COUNTY

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Personally appeared before me, the undersigned authority, duly authorized to administer oaths, G. B. Pollard, who, on oath, deposes and says that he is Senator from the 24th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Warrenton Clipper which is the official organ of Warren County, on the following date: February 10, 1989. /s/ G. B. Pollard, Jr. Senator, 24th District Sworn to and subscribed before me, this 13th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 30, 1989. CITY OF LUDOWICI COUNCIL; ELECTION DISTRICTS. No. 180 (Senate Bill No. 375). AN ACT To amend an Act creating a new charter for the City of Ludowici, approved August 18, 1923 (Ga. L. 1923, p. 701), as amended, so as to provide for election districts; to provide for elections; to provide for qualifications; 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 new charter for the City of Ludowici, approved August 18, 1923 (Ga. L. 1923, p. 701), as amended, is amended by adding a new section immediately following Section 6 to be designated Section 6A, to read as follows: Section 6A. (a) For the purpose of electing future members of the city council, the City of Ludowici shall consist of five election districts. Each person seeking election shall designate the election district for which he seeks election. Each person seeking election shall be a resident of the election district such person offers to represent and shall be elected by a majority vote of the qualified voters of such election district voting in an election therefor. (b) The five election districts of the city are more particularly described as follows: Election District 1 Beginning at a point where Academy Street intersects the eastern limits of the City of Ludowici and from said point of beginning run down the center of Academy Street in a Westerly direction to the point where Academy Street intersects with Factory Street; then turn and run down the Center of Factory Street in a Southerly direction to the point where Factory Street intersects with the big drainage ditch near Bratcher Street; then run in an Easterly direction down the big drainage ditch to the point where said ditch intersects McDonald Street (Georgia Highway 57) near Lincoln Avenue; then turn and run in a Southerly direction down the center of McDonald Street (Georgia Highway 57) to the point where McDonald Street (Georgia Highway 57) intersects with the City Limits of the City of Ludowici; then turn and follow the City Limits of the City of Ludowici in a Easterly direction to the point of beginning. Election District 2 Beginning at a point where the Old Hinesville Road intersects the eastern limits of the City Limits of Ludowici and from said point of beginning run down the center of the Old Hinesville Road in a Southwesterly direction to the point where the Old Hinesville Road intersects with Macon

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Street; then turn and run down the center of Macon Street in a Souterly direction to the point where Macon Street intersects with State Route 38; then turn and run down the center of State Route 38 in a Westerly direction to the point where State Route 38 intersects McDonald Street (Georgia Highway 57); then turn and run in a Southerly direction down the center of McDonald Street (Georgia Highway 57) to the point where McDonald Street intersects with Union Street; then turn and run in a Easterly direction down the center of Union Street to the point where Union Street intersects with Liberty Street; then turn and run in a Southerly direction down the center of Liberty Street to the point where Liberty Street intersects with Academy Street; then turn and run in an Easterly direction down the center of Academy Street to the point where Academy Street intersects with the City Limits of the City of Ludowici; then follow the City Limits of Ludowici in a Northerly direction to the point of beginning. Election District 3 Begin at the point where State Route 38 intersects with McDonald Street (Georgia Highway 57) and from said point of beginning run down the center of McDonald Street (Georgia Highway 57) in a Northerly direction to the point where McDonald Street (Georgia Highway 57) intersects with Oak Street; then turn and run down the center of Oak Street in a Westerly direction to the point where Oak Street intersects with Fourth Street; then turn and run down the center of Fourth Street in a Southerly direction to the point where Fourth Street intersects with State Route 38; then turn and run in a Westerly direction down the center of State Route 38 to the point where Cottage Street intersects with State Route 38; then turn and run in a Southerly direction down the center of Cottage Street to the point where Cottage Street intersects with the Seaboard Coast Line Railroad; then turn and run in an Easterly direction along the Seaboard Coastline Railroad to the point where the Seaboard Coast Line Railroad intersects with Main Street; then turn and run down the center of Main Street in a Southerly direction to the point where Main street intersects with McQueen Street; then turn and run in a Westerly direction down McQueen Street to the point where McQueen Street intersects with Gill Street; then turn and

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run in a Southerly direction down the center of Gill Street to the point where Gill Street intersects with Celadon Street; then turn and run in a Westerly direction down the center of Celadon Street to the point where Celadon Street intersects with Factory Street; then turn and run in a Southerly direction down the center of Factory Street to the point where Factory Street intersects with Academy Street; then turn and run in an Easterly direction down the center of Academy Street to the point where Academy Street intersects with Liberty Street; then turn and run in a Northerly direction down the center of Liberty Street to the point where Liberty Street intersects with Union Street; then turn and run in a Westerly direction down the center of Union Street to the point where Union Street intersects with McDonald Street (Georgia Highway 57); then turn and run in a Northerly direction down the center of McDonald Street to the point of beginning. Election District 4 Begin at a point on the northeastern City Limits of the City of Ludowici where the Old Hinesville Road intersects with the City Limits of the City of Ludowici and from said point of beginning run in a Southwesterly direction down the center of the Old Hinesville Road to the point where the Old Hinesville Road intersects with Macon Street; then turn and run in a Southerly direction down the center of Macon Street to the point where Macon Street intersects with State Highway 38; then turn and run in a Westerly direction to a point where State Route 38 intersects with McDonald Street (State Highway 57); then turn and run in a Northerly direction down the center of McDonald Street (Georgia Highway 57) to the point where McDonald Street intersects with Oak Street; then turn and run in a Westerly direction down the center of Oak Street to the point where Oak Street intersects with Fourth Street; then turn and run in a Southerly direction down the center of Fourth Street to the point where Fourth Street intersects with State Route 38; then turn and run in a Westerly direction down the center of State Route 38 to the point where Cottage Street intersects with State Route 38; then turn and run in a Southerly direction down the center of Cottage Street to the point where Cottage Street intersects with Seaboard Coastline

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Railroad; then turn and run in a Westerly direction down the center of the Seaboard Coastline Railroad to the point where the Seaboard Coastline Railroad intersects with the Western City Limits of the City of Ludowici; then turn and run in a Northerly direction along the City Limits of the City of Ludowici and following the City Limits of the City of Ludowici in a Northerly and then a Northeasterly direction to the point of beginning. Election District 5 Begin at a point on the Western City Limits of the City of Ludowici where the Seaboard Coastline Railroad intersects with said City Limits and from said point of beginning follow the City Limits of the City of Ludowici in a Southerly and then an Easterly direction to the point where the City Limits of Ludowici intersects with McDonald Street (Georgia Highway 57) at the South City Limits of the City of Ludowici; then turn and run down the center of McDonald Street (Georgia Highway 57) in a Northerly direction to the point where McDonald Street (Georgia Highway 57) intersects with the big ditch near Lincoln Avenue; then turn and run in a Westerly direction down the center of the big ditch to the point where the big ditch intersects with Factory Street; then turn and run in a Northerly direction down the center of Factory Street to the point where Factory Street intersects with Celadon Street; then turn and run in an Easterly direction down the center of Celadon Street to the point where Celadon Street intersects with Gill Street; then turn and run in a Northerly direction down the center of Gill Street to the point where Gill Street intersects with McQueen Street; then turn and run in an Easterly direction down the center of McQueen Street to the point where McQueen Street intersects with Main Street; then turn and run in a Northerly direction down the center of Main Street to the point where Main Street intersects with the Seaboard Coastline Railroad; then turn and run down the center of the Seaboard Coastline Railroad to the point of beginning where said Railroad intersects with the Western City Limits of the City of Ludowici. Section 2. All laws and parts of laws in conflict with this Act are repealed.

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NOTICE OF INTENTION TO INTRODUCE LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Ludowici, approved August 18, 1923 (Ga. L. 1923, p. 701), as amended; to provide for election of Alderman (Councilmen) by districts; to establish voting districts; and for other purposes. This 18 day of January, 1989. s-Sammy Stapleton GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joseph E. Kennedy, who, on oath, deposes and says that he is Senator from the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Ludowici News which is the official organ of Long County, on the following date: January 19, 1989. /s/ Joseph E. Kennedy Senator, 4th District Sworn to and subscribed before me, this 22nd day of February, 1989. /s/ Susan Gordon Notary Public, Georgia State at Large My Commission Expires Dec. 11, 1988 Approved March 30, 1989.

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JASPER COUNTY CLERK OF SUPERIOR COURT; SALARY IN LIEU OF FEES. No. 181 (Senate Bill No. 376). AN ACT To abolish the present method of compensating the clerk of the Superior Court of Jasper County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs, or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide for the employment of necessary personnel by said officer; to provide for the compensation for such personnel; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The present method of compensating the clerk of the Superior Court of Jasper County, known as the fee system, is abolished and, in lieu thereof, an annual salary for such officer is prescribed as provided in this Act. Section 2. (a) The clerk of the Superior Court of Jasper County shall receive for his or her services as clerk of the superior court that minimum annual salary provided for in Code Sections 15-6-88 through 15-6-92 of the O.C.G.A., relating to minimum salaries for the clerks of the superior courts of this state. (b) The Board of Commissioners of Jasper County shall have the authority to fix the salary of the clerk of the superior court at an amount equal to or greater than, but not less than, the amount specified in Code Section 15-6-88 of the O.C.G.A. (c) The clerk of the superior court shall be reimbursed for actual and necessary expenses incurred by said officer in carrying out said officer's official duties outside the county, including attendance at seminars or other training meetings for county officials. When the personal automobile of the clerk is used by said officer in traveling on

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official business outside the county, said officer shall be reimbursed for travel expenses at the rate of 20 per mile or at the rate per mile authorized for state employees when using their personal automobiles while traveling on official business, whichever is greater. All expenses provided for in this subsection shall be paid from the funds of Jasper County. Section 3. After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, moneys, and all other emoluments and perquisites formerly allowed said officer as compensation for services in any capacity, and shall receive and hold the same in trust for said county as public moneys and shall pay the same into the county treasury on or before the 15th day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the clerk of the superior court shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof. Section 4. The clerk of the superior court shall have the authority to appoint such deputies, clerks, assistants, and other personnel as said officer deems necessary to discharge efficiently and effectively the official duties of the clerk's office. Said officer shall, from time to time, recommend to the governing authority of said county the number of such personnel needed by the clerk's office. It shall be within the sole power and authority of the clerk of the superior court, during said officer's term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants, or other employees, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within said officer's sole discretion. Section 5. (a) The minimum personnel for the office of clerk of the superior court shall be as follows: one full-time deputy who shall be compensated in the amount of not less than $10,800.00 per annum. (b) The deputy clerk provided for in subsection (a) of this section shall be paid in equal monthly installments from the funds of Jasper County.

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Section 6. The necessary operating expenses of the clerk's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, and equipment, and the repair, replacement, and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. Except as otherwise provided in this Act, the determination of such requirements shall be at the sole discretion of the governing authority of Jasper County. Section 7. This Act shall become effective on July 1, 1989. Section 8. All laws and parts of laws in conflict with this Act are repealed. Jan 19 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill relative to the clerk of the Superior Court of Jasper County; and for other purposes. This 9 day of Jan., 1989. Honorable Culver Kidd Senator, 25th District STATE OF GEORGIA COUNTY OF JASPER

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AFFIDAVIT OF PUBLISHER Personally appeared before me, the undersigned officer, duly authorized to administer oaths in said State and County, W.T. Hughes Jr., who, having been duly sworn, deposes and says on oath that he is an authorized representative of The Monticello News, that, as such, he is authorized to make this affidavit, and that the attached notice was published in The Monticello News, a local newspaper of general circulation in Monticello, Jasper County, Georgia, on the following dates: January 19. This 20 day of Jan.,1989. /s/ W.T. Hughes Jr. Sworn to and subscribed before me this 20 day of Jan, 1987. /s/ Chris Hughes Notary Public, Jasper County, Georgia My Commission Expires Sept. 12, 1992 (SEAL) Approved March 30, 1989.

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COBB COUNTY COMMUNITY IMPROVEMENT DISTRICTS DEFINITIONS; CREATION; BOARD; ANNEXATION. No. 182 (Senate Bill No. 395). AN ACT To amend an Act entitled the Cobb County Community Improvement Districts Act, approved March 20, 1985 (Ga. L. 1985, p. 4009), as amended by an Act approved March 10, 1988 (Ga. L. 1988, p. 3887), so as to change certain definitions of terms used in such Act; to change the provisions relating to creation of one or more community improvement districts and the practices, procedures, and requirements related thereto; to change the provisions relating to the membership of the board and the method of selection thereof; to change practices and procedures relating to selection of members of the board; to change the provisions relating to notices; to provide for the annexation of certain territory to such districts and the practices, procedures, and requirements related thereto; 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 entitled the Cobb County Community Improvement Districts Act, approved March 20, 1985 (Ga. L. 1985, p. 4009), as amended by an Act approved March 10, 1988 (Ga. L. 1988, p. 3887), is amended by striking paragraph (8.1) of Section 3 of said Act and inserting in lieu thereof a new paragraph (8.1) to read as follows: (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.

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Section 2. Said Act is further amended by striking paragraph (12) of Section 3 and inserting in lieu thereof a new paragraph (12) to read as follows: (12) `Property owner' or `owner of real property' means any entity or person owning one or more noncontiguous parcels of real estate on the most recent ad valorem tax records of Cobb County within the district. Ownership as shown by the most recent ad valorem real property tax records of Cobb County shall be prima-facie proof of ownership. Multiple owners of one parcel shall constitute one property owner and shall designate in writing one of their number to represent the whole. Section 3. Said Act is further amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows: Section 4. Creation. (a) Pursuant to Article IX, Section VII of the Constitution of the State of Georgia, as amended in 1984 (Ga. L. 1984, p. 1703), there is created one or more community improvement districts to be located in Cobb County, Georgia, either wholly within the unincorporated area thereof, or wholly within any municipality therein, or partly within one or more municipalities and partly within the unincorporated area thereof, each of which shall be activated upon compliance with the conditions set forth in this section. Each district shall be governed by a board constituted as provided in Section 5 of this Act. The conditions for such activation shall be: (1) The adoption of a resolution consenting to the creation of each community improvement district by: (A) The Board of Commissioners of Cobb County if the district is located wholly within the unincorporated area of Cobb County; (B) The governing authority of the municipality if the district is located wholly within the incorporated area of a municipality; or (C) The governing authorities of Cobb County and any municipality in which the district is partially located if it is located partially within the unincorporated

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area of Cobb County and partially within the incorporated area of any municipality; 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 recent approved county ad valorem tax digest; and (C) The written consents provided for above shall be submitted to the Cobb County Tax Commissioner who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied with respect to each such proposed district. No district or board created under this Act shall transact any business or exercise any powers under this Act until the foregoing conditions are met. A copy of such resolutions shall be filed with the Secretary of State, who shall maintain a record of all districts activated under this Act, and with the Department of Community Affairs. (b) Notwithstanding any other provisions of this Act to the contrary: (1) Each community improvement district created under this Act 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 paragraphs (1) and (2) of subsection (a) 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;

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(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 4. Said Act is further amended by striking subsection (b) of Section 5 of said Act and inserting in lieu thereof a new subsection (b) to read as follows: (b) The initial board members to be elected as provided above shall be elected in a caucus of electors which shall be held within 60 days after the adoption of the resolutions and obtaining the written consents herein provided at such time and place within the district as the Board of Commissioners of Cobb County, or governing body of the municipality if the district lies wholly within the incorporated area thereof, shall designate after notice thereof shall have been given to said electors by publishing same in the legal organ of Cobb County as hereinafter provided. Thereafter, there shall be conducted biennially, not later than 60 days following the last day for filing ad valorem real property tax returns in Cobb County, a caucus of said electors at such time and place within the district as the board shall designate in such notice for the purpose of electing board members to those board member positions whose terms expire or are vacant. If a vacancy occurs in an election position on the board, the board shall, within 60 days thereof, call a special election to fill the same to be held within 60 days of the call unless such vacancy occurs within 180 days of the next regularly scheduled election, in which case a special election may, but need not, be called. For any election held hereunder, notice thereof shall be given to said electors by publishing notice thereof in the legal organ of Cobb County at least once each week for four weeks prior to such election. Section 5. Said Act is further amended by striking subsection (f) of Section 5 of said Act and inserting in lieu thereof a new subsection (f) to read as follows: (f) If the boundaries of a district are subsequently changed after creation of the district to include land within a municipality which was not a party to the creation of the district, or if a municipality's boundaries are changed to include land

Page 4260

within a then existing district, the governing authority of the municipality shall acquire the right to appoint a member to the board of the district upon entering into the cooperation agreement provided for in Section 9 hereof. If the boundaries of a district or municipality are subsequently changed after creation of a district to include land within the unincorporated area of Cobb County and the district originally had no land within the unincorporated area of Cobb County, the Board of Commissioners of Cobb County shall acquire the right to appoint a member to the board of the district upon entering into the cooperation agreement provided for in Section 9 hereof. If by municipal annexation or by deannexation of land from a district, the district no longer includes land within the unincorporated area of Cobb County or within a municipality, respectively, then upon such occurrence the board member of the district appointed by such governing authority in which the district is no longer located shall cease to be a board member. Section 6. Said Act is further amended by adding at the end of Section 7 of said Act new subsections (c) and (d) to read as follows: (c) The boundaries of a district may also be increased after the initial creation of a district if: (1) Written consent of the owners of any real property sought to be annexed and which will not be subject to taxes, fees, and assessments levied by the board of the district is first obtained; (2) The board of the district adopts a resolution consenting to the annexation; and (3) A resolution is adopted which grants consent to the annexation by the governing authorities of Cobb County, if any portion of the district is in the unincorporated area of Cobb County, and such municipalities as may have area within the district before or after the annexation. (d) Property which is not subject to taxes, fees, and assessments levied by the board of the district and which is adjacent to, contiguous to, or abutting property within the district may be annexed by:

Page 4261

(1) The adoption of a resolution approving the annexation by the board of the district; and (2) The adoption of a resolution granting consent to the annexation by the governing authorities of Cobb County, if any portion of the district is in the unincorporated area of Cobb County, and such municipalities as may have area within the district before or after the annexation. 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 1989 session of the General Assembly of Georgia a bill to amend the Cobb County Community Improvement District Act, approved March 20, 1985 (Ga. L. 1985, p. 4009); and for other purposes. This 20 day of January, 1989. Herman Clark State Representative Cobb County Legislation Dist 20 Pt 3 Secretary to the Delegation 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: January 27, 1989.

Page 4262

/s/ Roy E. Barnes Senator, 33rd District Sworn to and subscribed before me, this 20th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 30, 1989. CITY OF MARIETTA MAYOR AND COUNCIL; QUALIFICATIONS; MAYOR PRO TEM; BOARD OF LIGHTS AND WATERWORKS; PROBATION OFFICE; FEES. No. 183 (Senate Bill No. 398). 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 qualifications of the mayor and councilmen; to provide for compensation of the mayor pro tem.; to change the provisions relating to membership of the board of lights and waterworks; to change the provisions relating to the probation office; to provide for 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. An Act reincorporating the City of Marietta, approved March 23, 1977 (Ga. L. 1977, p. 3541), as amended, is

Page 4263

amended by striking Section 2.3 thereof and inserting in its place a new section to read as follows: Section 2.3. Qualifications of mayor and councilmen. To be eligible for the office of mayor or councilman, elected or appointed, a person shall be at least 21 years of age and shall meet the requirements of a qualified voter of the city, as prescribed by state law, shall not be ineligible for public office pursuant to Code Section 45-2-1 of the O.C.G.A., and, if a councilman, shall be a bona fide resident of the ward from which he seeks election for the same period of time required by Code Section 45-2-1 of the O.C.G.A. for residency of municipal officers within the city. The mayor and each councilman shall continue to reside within the city or ward from which elected, respectively, during their terms of office. No person shall be eligible to be mayor or councilman who shall have been convicted of a crime involving moral turpitude, unless such person's civil rights have been restored. Section 2. Said Act is further amended by striking Section 2.7 thereof and inserting in its place a new section to read as follows: Section 2.7. Mayor pro tem.; presiding officer. The mayor pro tem. shall be appointed at the January meeting of each year for a term of one year from the councilmen by the mayor with the consent of a majority of the council. The mayor pro tem. shall be clothed with all rights, powers, and duties of the mayor during the absence or disability of the latter officer. If there shall be a vacancy in the office of the mayor pro tem., the mayor, with the consent of the majority of the council, may fill the same at any regular meeting of the council or in vacation. In the event of the death or resignation of the mayor or his removal from office, the mayor pro tem. shall discharge the duties of the mayor or until the vacancy is filled by the selection of a successor as hereinafter provided. If the mayor should not appoint, with the consent of council, a mayor pro tem. by January 31 of each year, the council may select the mayor pro tem. by majority vote of the council. The mayor pro tem. shall be paid, in addition to his council salary, a salary of $100.00 per month. Section 3. Said Act is further amended by striking Section 5.1 thereof and inserting in its place a new section to read as follows:

Page 4264

Section 5.1. Created; membership; terms; etc. The board of lights and waterworks, hereinafter referred to as `board,' is declared and created a body corporate with all the powers incident to and necessary to its duties and which has the right to sue and be sued and power to make all contracts and obligations necessary to the duties that devolve upon it. The board shall consist of the mayor of the city and a member of the council of the City of Marietta who shall be appointed by the mayor, with the consent of the majority of council, each January to be effective on the first Monday in January following such appointment for a one-year term and three residents of the City of Marietta and two nonresidents of the City of Marietta who have been recipients of services from the board for at least one and one-half years. If the mayor should not appoint, with the consent of council, a member of council by January 31 of each year, the councilmen may select the council appointment from the council by majority vote. The clerk of the city council shall be ex officio clerk of the board of lights and waterworks but shall not be a member of the board and shall have such duties as said board may impose upon him, and he shall be allowed such compensation as said board of lights and waterworks may fix previous to entering upon his duties. The resident and nonresident members of the board shall be elected by a majority vote of the council and shall serve for a term of four years, and at the end of said time, or sooner if there should be a vacancy in any one of said places, their successors shall be elected by the council for the unexpired term. The members of the board shall be paid such compensation as is set by the council. Section 4. Said Act is further amended by striking Section 6.8 thereof and inserting in its place a new section to read as follows: Section 6.8. Probation office. There is created a probation office which shall be under the supervision of the municipal court judge. The probation office shall have the duty of supervising persons convicted in the municipal court when so directed by the municipal court judge. The probation office shall have such other duties as may be given to it by the municipal court judge or by ordinance. All matters relating to the operation of the probation office shall be as directed by ordinance. The probation office may collect from a defendant on probation a monthly probation fee not to exceed $10.00, as set by the municipal court judge.

Page 4265

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 INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to amend an Act reincorporating the City of Marietta, Georgia, in Cobb County, and creating a new charter for said city, approved March 23, 1977 (Ga. L. 1977, p. 3541), as amended; and for other purposes. This 2nd day of Jan., 1989. /s/ Fred Aiken CHUCK CLAY ROY BARNES HUGH RAGAN SALLIE NEWBILL SENATORS JACK VAUGHN HERMAN CLARK STEVE THOMPSON EARL ERHART GRESHAM HOWREN FRED AIKEN JOHNNY ISAKSON JOHNNY GRESHAM TOM WILDER BILL ATKINS REPRESENTATIVES

Page 4266

GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles C. Clay, 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 6, 1989. /s/ Charles C. Clay Senator, 37th District Sworn to and subscribed before me, this 2nd day of March, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. COBB COUNTY REDEVELOPMENT POWERS; REFERENDUM. No. 184 (Senate Bill No. 400). AN ACT To authorize Cobb County to have and be authorized to exercise all redevelopment and other powers authorized or granted counties pursuant to the Redevelopment Powers Law, as now or hereafter amended, and provide for certain such powers; to provide for a referendum; to repeal conflicting laws; and for other purposes.

Page 4267

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Cobb County shall have and be authorized to exercise all redevelopment and other powers authorized or granted counties 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. 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 Cobb County shall call and conduct an election for the purpose of submitting this Act to the electors of Cobb County 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 Cobb County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which authorizes Cobb County to have and to exercise all redevelopment and other powers authorized or granted counties 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; 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.

Page 4268

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 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 1989 session of the General Assembly of Georgia a bill to authorize Cobb County to have and exercise all redevelopment and other powers authorized or granted purusant to the Redevelopment Powers Law as here or hereafter amended, and provided for certain such power; to provide for a referendum; and for other purposes. This 22 day of February of 1989. Signed Edwin N. Barber, Jr. Edwin N. Barber, Jr. 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 24, 1989. /s/ Roy E. Barnes Senator, 33rd District

Page 4269

Sworn to and subscribed before me, this 1st day of March, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 30, 1989. JONES COUNTY BOARD OF EDUCATION; COMPENSATION. No. 185 (House Bill No. 342). AN ACT To amend an Act reconstituting the board of education of Jones County, approved March 21, 1984 (Ga. L. 1984, p. 4459), as amended, so as to change the compensation of the chairman and members of such 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 reconstituting the board of education of Jones County, approved March 21, 1984 (Ga. L. 1984, p. 4459), as amended, is amended by striking in its entirety Section 5 and inserting in lieu thereof a new Section 5 to read as follows: Section 5. (a) The chairman shall be compensated in the amount of $500.00 per month and each member shall be compensated in the amount of $300.00 per month. (b) The members and chairman shall, upon approval by a majority of the members of the board, be reimbursed for actual

Page 4270

and necessary expenses incurred by them when traveling out of the county on official business. Section 2. This Act shall become effective on July 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 1989 session of the General Assembly of Georgia a bill to amend an Act reconstituting the board of education of Jones County, approved March 21, 1984 (Ga. L. 1984, p. 4459), as amended; and for other purposes. Honorable Kenneth W. Birdsong Representative, 104th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kenneth W. Birdsong, who, on oath, deposes and says that he is Representative from the 104th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jones County News which is the official organ of Jones County, on the following date: January 19, 1989. /s/ Kenneth W. Birdsong Representative, 104th District

Page 4271

Sworn to and subscribed before me, this 23rd day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. COOK COUNTY MOTOR VEHICLE REGISTRATION PERIODS. No. 186 (House Bill No. 410). AN ACT To provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Cook 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, 1990, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Cook 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.

Page 4272

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1989 session of the General Assembly of Georgia bill providing for the staggering of the sale of the car tags by the tax commissioner's office of Cook County, Georgia. This 16th day of January, 1989. Tom W. Thomas, Attorney for Donnie Simmons, Cook County Tax Commissioner GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hanson Carter, who, on oath, deposes and says that he is Representative from the 146th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Adel News-Tribune which is the official organ of Cook County, on the following date: January 18, 1989. /s/ Hanson Carter Representative, 146th District

Page 4273

Sworn to and subscribed before me, this 24th day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. CITY OF LAWRENCEVILLE CORPORATE LIMITS. No. 187 (House Bill No. 446). AN ACT To amend an Act creating a new charter for the City of Lawrenceville, approved March 28, 1986 (Ga. L. 1986, p. 4961), so as to change the provisions relating to the corporate limits of said city; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a new charter for the City of Lawrenceville, approved March 28, 1986 (Ga. L. 1986, p. 4961), is amended by striking in its entirety subsection (a) of Section 1.11 and inserting in lieu thereof a new subsection (a) to read as follows: (a) Except as otherwise provided in Appendix B attached hereto and made a part of this Act, the corporate boundaries of the City of Lawrenceville shall be as described and set forth in Appendix A of this city charter. The boundaries of the city at all times shall be shown on a map, a written descritpion, 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

Page 4274

Map (or description) of the corporate limits of the City of Lawrenceville, 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. Section 2. Said Act is further amended by adding at the end of Appendix A the following: 5 177 5-177-019A Davis Hurricane Sh. and Hwy. 316. 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 1989 Session of the General Assembly of Georgia a local bill to amend the charter of Lawrenceville, Gwinnett County, Georgia, redefining the corporate boundaries of the City of Lawrenceville, Gwinnett County, Georgia, in accordance with the City Charter and by law and to repeal conflicting laws. This 20th day of January, 1989. Paul D. Christiano Development Consultants Group 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

Page 4275

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 20, 1989. /s/ Vinson Wall Representative, 61st District Sworn to and subscribed before me, this 25th day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. TIFT COUNTY STATE COURT; SHERIFF; CLERK; COMPENSATION. No. 188 (House Bill No. 554). AN ACT To amend an Act creating and establishing the State Court of Tift County, approved March 30, 1971 (Ga. L. 1971, p. 2468), so as to change the minimum compensation of the sheriff and the clerk; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 4276

Section 1. An Act creating and establishing the State Court of Tift County, approved March 30, 1971 (Ga. L. 1971, p. 2468), is amended by striking from Section 12 the following: The sheriff of Tift County and his deputies shall also act as sheriff and deputy sheriffs of the State Court of Tift County. The sheriff of Tift County shall be compensated for his duties as sheriff of the State Court of Tift County at an annual salary to be fixed by the Board of Commissioners of Tift County and to be not less than $3,000.00, payable in 12 monthly installments, in addition to all compensation provided by law to be paid to the sheriff of Tift County. The Board of Commissioners of Tift County shall, prior to February 15 of each calendar year, fix the salary of such sheriff for such calendar year provided that such salary shall not be less than the minimum hereinabove stated. and inserting in its place the following: The sheriff of Tift County and his deputies shall also act as sheriff and deputy sheriffs of the State Court of Tift County. The sheriff of Tift County shall be compensated for his duties as sheriff of the State Court of Tift County at an annual salary to be fixed by the Board of Commissioners of Tift County and to be not less than $6,000.00, payable in 12 monthly installments, in addition to all compensation provided by law to be paid to the sheriff of Tift County. The Board of Commissioners of Tift County shall, prior to February 15 of each calendar year, fix the salary of such sheriff for such calendar year, provided that such salary shall not be less than the minimum hereinabove stated. Section 2. Said Act is further amended by striking from Section 14 the following: The clerk shall be compensated at an annual salary to be fixed by the Board of Commissioners of Tift County and to be not less than $3,600.00 per annum, payable in 12 monthly installments, in addition to all compensation provided by law to be paid to the clerk of the Tift County Superior Court. The Board of Commissioners of Tift County shall, prior to February 15 of each calendar year, fix the salary of such clerk for such calendar year, provided that such salary shall not be less than the minimum hereinabove stated.

Page 4277

and inserting in its place the following: The clerk shall be compensated at an annual salary to be fixed by the Board of Commissioners of Tift County and to be not less than $6,600.00 per annum, payable in 12 monthly installments, in addition to all compensation provided by law to be paid to the clerk of the Tift County Superior Court. The Board of Commissioners of Tift County shall, prior to February 15 of each calendar year, fix the salary of such clerk for such calendar year, provided that such salary shall not be less than the minimum hereinabove stated. 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 1989 session of the General Assembly of Georgia a bill to amend an Act creating and establishing the State Court of Tift County, approved March 10, 1971 (Ga. L. 1971, p. 2468); and for other purposes. This 18 day of January, 1989. (s) Honorable Henry Bostick Representative, 138th District GEORGIA, FULTON COUNTY

Page 4278

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 26, 1989. /s/ Henry Bostick Representative, 138th District Sworn to and subscribed before me, this 30th day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. CITY OF BREMEN MAYOR; TERMS; MUNICIPAL ELECTIONS. No. 189 (House Bill No. 602). AN ACT To amend an Act creating a new charter for the City of Bremen, approved December 30, 1898 (Ga. L. 1898, p. 136), as amended, and the several Acts amendatory thereof, and particularly that amendatory Act approved March 28, 1961 (Ga. L. 1961, p. 2786), as amended by an Act approved March 23, 1977 (Ga. L. 1977, p. 4111), so as to change the term of office of the mayor; to change the date of the municipal election; to change the date for municipal and school

Page 4279

district officers-elect to take office; to provide that in all nonpartisan primaries and elections the political affiliation or independence thereof of each candidate shall be indicated on the ballot; to require candidates for nomination or election in a nonpartisan primary or nonpartisan election to execute an affidavit showing their political affiliation or independence thereof; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a new charter for the City of Bremen, approved December 30, 1898 (Ga. L. 1898, p. 136), as amended, and the several Acts amendatory thereof, are amended by striking Sections 2, 3, and 4 of the amendatory Act approved March 28, 1961 (Ga. L. 1961, p. 2786), as amended by the amendatory Act approved March 23, 1977 (Ga. L. 1977, p. 4111), which read as follows: Section 2. The governing authority of the City of Bremen shall consist of a mayor and four councilmen. The councilmen shall be designated as post #1, post #2, post #3 and post #4. Anyone seeking election to the council shall designate the particular post he seeks and the person receiving a plurality of the votes cast for such post shall be elected as councilman for such post. The mayor and councilmen presently serving in office shall continue to serve out their respective terms of office. The mayor elected at the 1977 November election shall serve, beginning on January 1, 1978, a term of office which shall end November 30, 1979. Thereafter, successors to the mayor shall be elected at the November election for a two-year term beginning on December 1 immediately following such election. The members elected to council post #3 and post #4 at the 1977 November election shall serve, beginning on January 1, 1978, a term of office which shall end November 30, 1981. Thereafter, successors to such council posts shall be elected at the November election in the year that the terms of office expire for a four-year term of office beginning on December 1 immediately following such election. The members elected to council post #1 and post #2 at the 1979 November election shall serve, beginning on January 1, 1980, a term of office which shall end November 30, 1983. Thereafter, successors to such council posts shall be elected at the November election in the year that the terms of office expire for a four-year term of office beginning on December 1 immediately following such election.

Page 4280

Section 3. The board of education of the City of Bremen shall consist of five members which shall be designated as post #1, post #2, post #3, post #4 and post #5 of the board of education of the City of Bremen. Anyone seeking election to the board of education of said city shall designate the particular post for which he seeks to be elected and the person receiving a plurality of the votes cast for such post shall be elected. The members of the board of education presently serving in office shall continue to serve out their respective terms of office. The members of the board of education elected to post #3, post #4 and post #5 at the 1977 November election shall serve, beginning on January 1, 1978, a term of office which shall end November 30, 1981. Thereafter, successors to such education posts shall be elected at the November election in the year that the terms of office expire for a four-year term beginning on December 1 immediately following such election. The members of the board of education elected to post #1 and post #2 at the 1979 November election shall serve, beginning on January 1, 1980, a term of office which shall end November 30, 1983. Thereafter, successors to such education posts shall be elected at the November election in the year that the terms of office expire for a four-year term beginning on December 1 immediately following such election. Section 4. The election of officers in and for the City of Bremen shall be held on the first Tuesday in November in 1977 and every two years thereafter on the first Tuesday in November. The mayor, members of the city council and members of the board of education shall be elected on such date pursuant to the provisions of sections 2 and 3 above., and inserting in their place new Sections 2, 2A, 3, and 4 to read as follows: Section 2. The governing authority of the City of Bremen shall consist of a mayor and four councilmen. The councilmen shall be designated as post #1, post #2, post #3 and post #4. Anyone seeking election to the council shall designate the particular post he seeks and the person receiving a plurality of the votes cast for such post shall be elected as councilman for such post. The mayor and councilmen presently serving in office shall continue to serve out their respective terms of office. The mayor elected at the 1989 November election shall serve, beginning on January 1, 1990, a term of office which shall end December 31,

Page 4281

1993. Thereafter, successors to the mayor shall be elected at the November election in the year that the terms of office expire for a four-year term beginning on January 1 immediately following such election. The members elected to council post #3 and post #4 at the 1989 November election shall serve, beginning on January 1, 1990, a term of office which shall end December 31, 1993. Thereafter, successors to such council posts shall be elected at the November election in the year that the terms of office expire for a four-year term of office beginning on January 1 immediately following such election. The members elected to council post #1 and post #2 at the 1991 November election shall serve, beginning on January 1, 1992, a term of office which shall end December 31, 1995. Thereafter, successors to such council posts shall be elected at the November election in the year that the terms of office expire for a four-year term of office beginning on January 1 immediately following such election. Section 2A. (a) In any nonpartisan municipal primary or nonpartisan municipal election, including independent school district elections, the political party or body affiliation of each candidate, as stated on his affidavit of candidacy, shall be indicated beside his name; or, if his affidavit of candidacy stated his independence of any such affiliation, the word `Independent' shall be placed beside his name. (b) Any candidate for nomination in a nonpartisan municipal or school district primary and any candidate for election in a nonpartisan municipal or school district election shall, in addition to all other requirements for qualifying as a candidate, execute and file with the appropriate official receiving other qualifying documents an affidavit stating the name of the political party or political body with which he is affiliated or the fact that he is independent of any such affiliation. Section 3. The board of education of the City of Bremen shall consist of five members which shall be designated as post #1, post #2, post #3, post #4 and post #5 of the board of education of the City of Bremen. Anyone seeking election to the board of education of said city shall designate the particular post for which he seeks to be elected and the person receiving a plurality of the votes cast for such post shall be elected. The members of the board of education presently serving in office shall continue to serve out their respective terms of office. The

Page 4282

members of the board of education elected to post #3, post #4 and post #5 at the 1989 November election shall serve, beginning on January 1, 1990, a term of office which shall end December 31, 1993. Thereafter, successors to such education posts shall be elected at the November election in the year that the terms of office expire for a four-year term beginning on January 1 immediately following such election. The members of the board of education elected to post #1 and post #2 at the 1991 November election shall serve, beginning on January 1, 1992, a term of office which shall end December 31, 1995. Thereafter, successors to such education posts shall be elected at the November election in the year that the terms of office expire for a four-year term beginning on January 1 immediately following such election. Section 4. The election of officers in and for the City of Bremen shall be held on the Tuesday next following the first Monday in November in 1989 and every two years thereafter on the Tuesday next following the first Monday in November. The mayor, members of the city council and members of the board of education shall be elected on such date pursuant to the provisions of sections 2 and 3 above. Section 2. All laws and parts of laws in conflict with this Act are repealed. LEGAL NOTICES NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Bremen, approved December 30, 1898 (Ga. L. 1898, p. 136), as amended; to provide for related matters; and for other purposes. This 21 day of January, 1989. Richard H. Wheeler, Mayor, City of Bremen.

Page 4283

GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Murphy, who, on oath, deposes and says that he is Representative from the 18th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Haralson Gateway-Beacon which is the official organ of Haralson County, on the following date: January 26, 1989. /s/ Thomas B. Murphy Representative, 18th District Sworn to and subscribed before me, this 1st day of February, 1989. /s/ Ann L. Wiley Notary Public, Rockdale County, Georgia My Commission Expires July 29, 1990 (SEAL) Approved March 30, 1989. JEFFERSON COUNTY TAX COMMISSIONER; COMPENSATION. No. 190 (House Bill No. 609). AN ACT To amend an Act removing the tax commissioner of Jefferson County from the fee system of compensation and placing him on the salary system of compensation, approved February 15,

Page 4284

1983 (Ga. L. 1983, p. 3503), as amended, so as to change the provisions relating to the compensation of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act removing the tax commissioner of Jefferson County from the fee system of compensation and placing him on the salary system of compensation, approved February 15, 1983 (Ga. L. 1983, p. 3503), as amended, is amended by striking subsection (d) of Section 4 and inserting in its place a new subsection (d) to read as follows: (d) The tax commissioner shall receive an annual salary in such amount as shall be fixed by the governing authority of Jefferson County provided that the amount of such salary shall not be less than the amount to which the tax commissioner would otherwise be entitled pursuant to Code Section 48-5-183 of the O.C.G.A. Such salary shall be payable in equal monthly installments from 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 Local Legislation Notice is hereby given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to revise the authority for setting the compensation of the Tax Commissioner of Jefferson County and for other purposes. This 26th day of January, 1989.

Page 4285

E. E. Bargeron Representative 108th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Emory E. Bargeron, who, on oath, deposes and says that he is Representative from the 108th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News and Farmer which is the official organ of Jefferson County, on the following date: January 26, 1989. /s/ E. E. Bargeron Representative, 108th District Sworn to and subscribed before me, this 31st day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989.

Page 4286

MACON JUDICIAL CIRCUIT JUDGES; SUPPLEMENTS PAID BY BIBB COUNTY; SENIOR JUDGES. No. 191 (House Bill No. 642). AN ACT To amend an Act providing for supplements to the salaries of the judges and district attorney of the Superior Courts of the Macon Judicial Circuit, approved March 28, 1973 (Ga. L. 1973, p. 176), as amended, so as to change the provisions relating to the supplement to be paid out of the treasury of Bibb County to each judge of the superior courts of said circuit; to provide for payments to senior judges; to continue to provide without change for the contributions to be paid by each other county in said circuit; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for supplements to the salaries of the judges and district attorney of the Superior Courts of the Macon Judicial Circuit, approved March 28, 1973 (Ga. L. 1973, p. 176), 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) The salary of the judges of the Superior Courts of the Macon Judicial Circuit shall be supplemented by payments out of the treasuries of Bibb County, Peach County, and Crawford County as follows: (1) Out of the treasury of Bibb County, the salary of each judge shall be supplemented in the amount of $13,000.00 per annum; (2) Out of the treasury of Peach County, the salary of each judge other than the senior judges shall be supplemented in the amount of $3,000.00 per annum; (3) Out of the treasury of Crawford County, the salary of each judge other than the senior judges shall be supplemented in the amount of $1,000.00 per annum.

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(b) The senior judges of the Superior Court of the Macon Judicial Circuit shall each receive a supplement equal to two-thirds of the supplement paid out of the treasury of Bibb County to the judges of the Superior Courts of the Macon Judicial Circuit. Such supplement shall be paid out of the treasury of Bibb County. (c) The supplemental payments provided for in subsections (a) and (b) of this section shall be paid in equal monthly installments by the governing authorities of the respective counties or other authorities having control of expenditures of county funds. Section 2. This Act shall become effective October 1, 1989. 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 application will be made to the 1989 Session of the General Assembly of Georgia for the passage of a bill to increase the supplement to be paid by Bibb County to the Superior Court Judges from $8,000 per annum to $13,000 per annum. This 16th day of January, 1989. E. S. SELL, JR. Bibb County Attorney GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Denmark Groover, Jr., who, on oath, deposes and says that he is Representative from the 99th District, and that the attached copy of Notice of Intention to Introduce

Page 4288

Local Legislation was published in the Macon Telegraph and News which is the official organ of Bibb County, on the following date: January 21, 1989. /s/ Denmark Groover, Jr. Representative, 99th District Sworn to and subscribed before me, this 2nd day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. WALKER COUNTY CLERK OF THE SUPERIOR COURT; PERSONNEL; COMPENSATION. No. 192 (House Bill No. 645). AN ACT To amend an Act placing the clerk of the Superior Court of Walker County on an annual salary, approved January 27, 1964 (Ga. L. 1964, p. 2024), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4295), so as to change the provisions relating to the amount of funds for the compensation of the personnel of said officer; to provide for certain salary increases; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 4289

Section 1. An Act placing the clerk of the Superior Court of Walker County on an annual salary, approved January 27, 1964 (Ga. L. 1964, p. 2024), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4295), is amended by striking subsection (a) of Section 4 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) (1) The above-named officer shall have authority to appoint his deputies, clerks, assistants, and other personnel. Said clerk shall have the authority to set the salary of his deputies, clerks, assistants, and other personnel. The combined salaries of said deputies, clerks, assistants, and other personnel appointed by said officer shall not exceed the total sum of $93,988.23 per year. Each deputy, clerk, assistant, or other personnel shall be paid monthly from the general funds of Walker County, Georgia. The salary of the deputy clerk of the superior court shall not be less than $14,805 and shall be paid from said total amount of $93,988.23. (2) The deputy clerk of the superior court and both office clerks shall receive a one-time salary increase equal to 5 percent of their current compensation, beginning April 1, 1987. Section 2. This Act shall become effective on 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 is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to amend an Act placing the clerk of the Superior Court of Walker County on a annual salary, approved January 27, 1964, p. 2024), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4295); and for other purposes. This 17th day of January, 1989.

Page 4290

Michale M. Snow GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Michael M. Snow, who, on oath, deposes and says that he is Representative from the 1st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walker County Messenger which is the official organ of Walker County, on the following date: January 25, 1989. /s/ Michael M. Snow Representative, 1st District Sworn to and subscribed before me, this 2nd day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989.

Page 4291

WALKER COUNTY JUDGE OF THE PROBATE COURT; PERSONNEL; COMPENSATION. No. 193 (House Bill No. 646). AN ACT To amend an Act placing the judge of the Probate Court of Walker County on a salary basis, approved January 27, 1964 (Ga. L. 1964, p. 2014), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4298), so as to change the provisions relating to the amount of funds for the compensation of the personnel 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 Walker County on a salary basis, approved January 27, 1964 (Ga. L. 1964, p. 2014), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4298), is amended by striking Section 4 in its entirety and substituting in lieu thereof a new Section 4 to read as follows: Section 4. The above-named officer shall have authority to appoint his deputies, clerks, assistants, and other personnel. Said judge of the probate court shall have the authority to set the salary of his deputies, clerks, assistants, and other personnel. The combined salaries of said deputies, clerks, assistants, or other personnel appointed by said officer shall not exceed the total sum of $28,350.00 per year. Each deputy, clerk, assistant, or other personnel shall be paid monthly from the general funds of Walker County, Georgia. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed.

Page 4292

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to amend an Act placing the judge of the Probate Court of Walker County on a salary basis, approved January 17, 1964, (Ga. L. 1964, p. 2014), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4298); and for other purposes. This 17th day of January, 1989. Michael M. Snow GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Michael M. Snow, who, on oath, deposes and says that he is Representative from the 1st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walker County Messenger which is the official organ of Walker County, on the following date: January 25, 1989. /s/ Michael M. Snow Representative, 1st District Sworn to and subscribed before me, this 2nd day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989.

Page 4293

WALKER COUNTY TAX COMMISSIONER; PERSONNEL; COMPENSATION. No. 194 (House Bill No. 647). AN ACT To amend an Act creating the office of tax commissioner of Walker County, approved January 27, 1964 (Ga. L. 1964, p. 2018), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4300), so as to change the provisions relating to the amount of funds for the compensation of the personnel of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the office of tax commissioner of Walker County, approved January 27, 1964 (Ga. L. 1964, p. 2018), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4300), is 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) The tax commissioner shall have authority to appoint his deputies, clerks, assistants, and other personnel. Said tax commissioner shall have the authority to set the salary of his deputies, clerks, assistants, and other personnel. The combined salaries of said deputies, clerks, assistants, or other personnel appointed by said official shall not exceed the total sum of $93,988.23 per year. Each deputy, clerk, assistant, or other personnel shall be paid monthly. Said salaries shall be paid from the special fund created by Section 2A of this Act. If said special fund has insufficient funds with which to pay all of said salaries, the special fund shall first be extinguished for said purposes and

Page 4294

the remainder of said salaries shall be paid from the general funds of the county. The salary of the deputy tax commissioner shall be not less than $14,805.00 and shall be paid from said total amount of $93,988.23. Section 2. This Act shall become effective on 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 1989 session of the General Assembly of Georgia a bill to amend an Act creating the office of tax commissioner of Walker County, approved January 27, 1964 (Ga. L. 1964, p. 2018), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4300); and for other purposes. This 17th day of January, 1989. Michael M. Snow GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Michael M. Snow, who, on oath, deposes and says that he is Representative from the 1st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walker County Messenger which is the official organ of Walker County, on the following date: January 25, 1989.

Page 4295

/s/ Michael M. Snow Representative, 1st District Sworn to and subscribed before me, this 2nd day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. CHEROKEE COUNTY BOARD OF COMMISSIONERS; CREATION; REFERENDUM. No. 195 (House Bill No. 649). AN ACT To amend an Act creating the office of commissioner of Cherokee County, approved August 9, 1915 (Ga. L. 1915, p. 177), as amended, so as to create a new board of commissioners of Cherokee County; to provide for four members and a chairman; to provide for elections and terms of office; to provide for qualifications, terms, and elections procedures; to provide for commissioner districts; to provide for the appointment of a clerk; to provide for filling of 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 authorize the

Page 4296

creation of the office of county manager; to provide for the preparation, submission, review, adoption, and amendment of budgets; to provide for expenditure of county funds; to provide for audits of county finances and financial records; to provide for other 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. An Act creating the office of commissioner of Cherokee County, approved August 9, 1915 (Ga. L. 1915, p. 177), as amended, is amended by striking Sections 1 through 18 and inserting in lieu thereof new Sections 1 through 18 to read as follows: Section 1. There is created in and for the County of Cherokee a chairman and board of commissioners to be elected and organized as provided for in this Act. The chairman and board of commissioners shall constitute the governing authority of Cherokee County and shall exercise the powers, duties, and responsibilities vested in and upon said officers by the provisions of this Act. The term `board' or the term `commission,' whenever used in this Act, shall mean the board of commissioners of Cherokee County, including the chairman and all members. Section 2. (a) The board of commissioners of Cherokee County shall consist of five members. One of the members shall be the chairman and shall be elected by a majority of the registered voters of the county voting in the election. Each candidate for the other four positions must be a resident of the commissioner district created by this section which such person offers to represent and shall be elected by the registered voters of the Eastern District or the Western District of Cherokee County, whichever includes the commissioner district to which such candidate seeks election. For the purpose of electing members of the board of commissioners, Cherokee County is divided into an Eastern District and a Western District. The county is further divided into four commissioner districts, such that the Eastern District contains Commissioner Districts Nos. 1 and 2 and the Western District contains Commissioner Districts Nos. 3 and 4. Persons offering for commissioner districts shall be elected by majority vote.

Page 4297

(b) The Eastern District shall encompass the following territory: Eastern District Cherokee Tract 901 Tract 902 Blocks 101 through 103 and 122 Block 201 Tract 903 Blocks 101 through 115, 122 through 124, and 134 through 140 Tracts 904 through 906 Tract 908 Block Group 1 Blocks 201 through 210 and 215 through 230 Blocks 301 through 314 Tract 909 Blocks 101 through 106, 115 through 127, and 129 through 138 Within the Eastern District, Commissioner Districts Nos. 1 and 2 shall encompass the following territory: Commissioner District No. 1 Cherokee Tract 901 Tract 902 Blocks 101 through 103 and 122 Block 201 Tract 903 Blocks 101 through 115, 122 through 124, and 134 through 140 Tract 904 Tract 905 Blocks 101 through 121 and 141 through 151 Tract 906 Block Group 1 Blocks 216 through 225 Block Group 3 Blocks 401 through 407

Page 4298

Commissioner District No. 2 Cherokee Tract 905 Blocks 122 through 140 Block Groups 2 and 3 Tract 906 Blocks 201 through 215 Blocks 408 through 413 Block Group 5 Tract 908 Block Group 1 Blocks 201 through 210 and 215 through 230 Blocks 301 through 314 Tract 909 Blocks 101 through 106, 115 through 127, and 129 through 138 (c) The Western District shall encompass the following territory: Western District Cherokee Tract 902 Blocks 104 through 121, 139, 140, 143, and 144 Blocks 202 through 233 Block Group 3 Tract 903 Blocks 116 through 121 and 125 through 133 Tract 907 Tract 908 Blocks 211 through 214 Blocks 315 through 318 Tract 909 Blocks 107 through 114 and 139 through 144 Tracts 910 and 911 Within the Western District, Commissioner Districts Nos. 3 and 4 shall encompass the following territory:

Page 4299

Commissioner District No. 3 Cherokee Tract 902 Blocks 104 through 121, 139, 140, 143, and 144 Blocks 202 through 233 Block Group 3 Tract 903 Blocks 116 through 121 and 125 through 133 Tract 907 Tract 908 Blocks 211 through 214 Blocks 315 through 318 Tract 910 Blocks 106 through 110 Tract 911 Block Groups 1 and 2 Blocks 303 through 315 Commissioner District No. 4 Cherokee Tract 909 Blocks 107 through 114 and 139 through 144 Tract 910 Blocks 101 through 105 and 111 through 127 Tract 911 Blocks 301 and 302 (d) The terms `Tract,' `Block,' and `Block Group' 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. (e) Any part of Cherokee County which is not included in any commissioner district described in subsection (b) or (c) of this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia and Cherokee County.

Page 4300

(f) The chairman shall be a citizen of this state who has attained the age of 30 years and who has been a resident of Cherokee County for not less than two years next preceding his election and shall hold no other elective public office. (g) Members of the commission, other than the chairman, shall be citizens of this state who have attained the age of 21 years and who have been residents of their respective commissioner districts for not less than one year preceding their election and shall hold no other elective public office. Section 3. The first members of the commission created by this Act to represent commissioner districts shall be elected for staggered terms at the general election held in 1990, and their terms shall commence on January 1, 1991. The commission members so elected to represent Commissioner Districts No. 1 and No. 4 shall serve for terms of four years each and until their respective successors are elected and qualified. The commission members so elected to represent Commissioner Districts No. 2 and No. 3 shall serve for terms of two years each and until their respective successors are elected and qualified. All commission members elected in subsequent elections after the general election of 1990, other than special elections to fill vacancies for unexpired terms, shall serve for terms of four years each and until their respective successors are elected and qualified, so that two of the commission members, other than the chairman, shall be elected at the general election held every two years. Section 4. (a) The first chairman of the commission created by this Act shall be elected at the general election held in 1990 to serve for a term of four years. His successor and all subsequent chairmen shall be elected at the election preceding the expiration of a term of office for terms of four years each and until their respective successors are elected and qualified. (b) Neither the chairman nor any commissioner shall be qualified to offer for election to any position other than the one in which he is serving without first resigning from the position in which he at that time is serving. Section 5. In the event of a vacancy in the office of chairman or a commissioner whose unexpired term exceeds 180 days, it shall be the duty of the election superintendent of Cherokee

Page 4301

County to call a special election for the filling of such vacancy, which election shall be governed by Chapter 2 of Title 21 of the O.C.G.A. In the event such unexpired term does not exceed 180 days, it shall be the duty of the remaining members of the commission to fill the vacancy by appointment. All persons elected or appointed to fill vacancies pursuant to the provisions of this section shall serve for the remainder of the unexpired term of any such office and shall possess the residency and other qualifications required for such office. Section 6. Before entering upon the discharge of their duties, the chairman and commissioners shall subscribe an oath before the probate judge of said county for the true and faithful performance of their duties and that they are not the holders of any public funds unaccounted for. In addition, the chairman shall further give a satisfactory surety bond to the probate judge of the county and payable to the probate judge or his successor in office and filed in the office of the probate judge, in the sum of $50,000.00, conditioned upon the faithful performance of the duties of the office. Each commissioner shall give like bond in the sum of $10,000.00. The costs of said bonds shall be paid out of the county treasury. Section 7. (a) Commissioners, other than the chairman, shall be paid an annual salary of $8,000.00. Such compensation shall be paid on a monthly basis out of the county treasury upon warrants drawn upon the county treasury. (b) The chairman of the board of commissioners shall receive an annual salary in the amount of $15,000.00, to be paid out of the county treasury upon warrants drawn upon the county treasury. (c) The chairman and the commissioners may be reimbursed for reasonable expenses incurred in carrying out their duties. Such expenses shall include the following: (1) Mileage reimbursement for the use of a personal automobile while conducting county business; (2) Secretarial services, if required, over and above services normally provided by the county; and

Page 4302

(3) Travel and lodging expenses and fees incurred in conjunction with training seminars, conventions, or county business conducted outside of Cherokee County. (d) Expenses may be reimbursed only after the submission of receipts for said expenses to the county clerk and the approval by majority vote of the commission at a regularly scheduled meeting. The chairman and commissioners shall be entitled to compensation for serving on any other boards or authorities for which their membership is provided by law. (e) The board of commissioners may choose to attend any seminar or training session that it feels will improve the manner in which it discharges and conducts its lawful duties. The expenses incurred from attending such seminar or training session shall be reimbursed by the county out of the county funds subject to the above requirements of submission of receipts and commission approval. Section 8. At the first regular meeting 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 calendar year in which elected. 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 calendar year. Section 9. The board of commissioners shall hold two regular meetings each month at the county seat, which meetings shall be open to the public. The time, date, and place of the meetings shall be determined by the board in the first meeting of the year. Any resolution passed by the board regarding the date, time, and place of its monthly meetings shall be published in the official county organ once a week for two weeks during a period of 30 days immediately following the passage of the resolution. The board of commissioners may hold such additional meetings as shall be necessary when called by the chairman or any three commissioners, provided all members of the commission shall have been notified at least three days in advance of such special

Page 4303

meeting which is open to the public. Any three commissioners or the chairman and any two commissioners shall constitute a quorum. No official action shall be taken except upon the affirmative vote of at least three members of the commission and except upon compliance with Chapter 14 of Title 50 of the O.C.G.A., relating to open meetings. The chairman shall be entitled to the same voting rights as other members of the board of commissioners on questions considered by the commission. All regular and called meetings shall be conducted according to Robert's Rules of Order . Section 10. The chairman shall be the chief elective officer of the county government and shall preside over the meetings of the board of commissioners. The duties of the chairman shall include, but shall not be limited to, the following: (1) Maintaining an office in the administrative center; (2) Presiding at all public meetings; (3) Representing the county government at ceremonial functions; (4) Being available to the constituency on a regular basis; (5) Coordinating intergovernment activity among municipalities, other counties, the state, and the United States and any agencies thereof; (6) Being empowered to submit motions to the board of commissioners for action; (7) Sharing equal responsibility with other commissioners for budget approval and amendments and the approval of the board of commissioners staff additions or separations; (8) Taking the lead role in initiating needs assessments, evaluations of county services, and policy development; and

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(9) Appointing subcommittee chairmen with the approval of the commission. 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 rates and charges for services provided by the county; (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 and provide for the execution of contracts; (7) To establish, alter, open, close, build, repair, or abolish public roads, 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;

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(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 Cherokee 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 commissioner of Cherokee County together with the power and authority which may be delegated by law to the governing authority of the county, by whatever name designated; (17) To appoint retained legal counsel and an independent county auditor and provide for their compensation; and (18) To require all county officers to report on the general or specific conduct of the financial affairs of their respective offices. Section 12. (a) There is created the office of county manager of Cherokee 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 Cherokee County.

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(b) In its discretion, the board of commissioners of Cherokee 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 of the duties of the office. In its discretion, the board of commissioners may require any person appointed to the office of county manager to hold a bachelor's degree in public administration, business administration, accounting, finance, or related fields and possess at least three years' experience as a county or city manager or as an assistant county or city manager; or the board of commissioners may require any person appointed to the office of county manager to hold a master's degree in any of the aforementioned fields and possess at least two years' experience as a county or city manager or as an assistant county or city manager. (c) The county manager shall be the chief executive officer of Cherokee County and he shall be responsible to the board of commissioners for the proper and efficient administration of all affairs of the county, except as otherwise provided by law. It shall be the duty of the county manager to: (1) See that all laws and ordinances of the county are enforced; (2) Exercise control over all departments or divisions of the county which the board or chairman of the board has heretofore exercised or that may hereafter be created, except as otherwise provided in this Act; (3) Keep the board of commissioners fully advised as to the financial conditions and needs of the county; (4) Supervise and direct the official conduct of all appointive county officers and department heads, except as may be otherwise provided in this Act; (5) Attend all meetings of the board with the right to take part in the discussions, provided that the county manager shall have no vote on any matter or issue before the board;

Page 4307

(6) Supervise the performance of all contracts made by any person for work done for Cherokee County and to supervise and regulate all purchases of materials and supplies for Cherokee County within such limitations and under such rules and regulations as may be imposed by the board of commissioners, provided that the county manager is authorized to make purchases and contracts for the county in amounts not exceeding $2,500.00; (7) 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. Section 13. 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 Cherokee 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 14. The internal organization of the county government shall be 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. Section 15. The board of commissioners shall appoint a clerk, who shall keep a proper and accurate book of minutes. The book of minutes of the commission shall contain all the acts, orders, and proceedings of the commission in chronological order. A similar book of minutes shall be kept which shall contain, in chronological order, all acts, orders, and proceedings of the county manager. The minutes books of the county manager and commission shall be open to the public for inspection at all times during regular office hours; and certified copies of any entries in the minutes books shall be furnished by the clerk to any person requesting same upon payment of a reasonable fee, to be paid into the county treasury as are other funds, to be assessed by the commission in an amount sufficient to defray the cost of preparing same.

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Section 16. The chairman shall submit annually to the commission a proposed budget governing expenditures of all county funds, including capital outlay and public works projects for the following fiscal year. The commission shall thereafter hold a public hearing on the budget, giving notice thereof at least ten days in advance by publication of such notice and of the proposed budget in the official organ of Cherokee County and by posting same at the courthouse door. The budget shall then be reviewed and adopted or amended by the commission prior to the beginning of the new fiscal year to which it applies, which budget, when so adopted or amended by the commission, shall constitute the commission's appropriation of all funds for such year. The budget so adopted may be revised during the year only by formal action of the commission in a regular meeting, and no increase shall be made therein without provision also being made for financing same. The proposed budget submitted by the chairman shall be accompanied by a report containing information and data relating to the financial affairs of the county pertinent to arriving at and establishing the annual budget. 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 Cherokee County within ten days from the time such budget or amendment thereof is adopted by the commission. The board of commissioners may from time to time, upon a majority vote thereof, change the ending and beginning date of the fiscal year for the county or may operate on a calendar basis; provided, however, that in the event of such change, the budget shall be submitted at least two months prior to the beginning date of the next fiscal year or January first, whichever shall apply, and shall be adopted at least one month prior to said beginning date. 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. Section 17. No expenditures of county funds shall be made except in accordance with the county budget, or amendments thereto, adopted by the commission. The county manager shall enforce compliance with this provision by all departments of county government and to this end shall institute a system of allotments of all moneys appropriated and budgeted.

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Section 18. The commission shall on or before the final day of the month following the end of each fiscal year employ a certified public accountant for the making of an annual continuous audit of county finances and financial records. The accountant so employed shall be paid out of county funds and shall perform a complete audit of the financial records of the county for the preceding year, pointing out any irregularities found to exist, and reporting the results of such audit to the commission. Each annual report submitted to the commission shall be made available to public inspection as are other records in such office. The commission shall cause to be published in the official organ of Cherokee County and posted at the courthouse door a statement of the financial condition of the county as of December 31 and June 30 of each year. Said accountant shall transmit to the grand jury of the Superior Court of Cherokee County a copy of each annual report furnished by him to the commission. Section 2. 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 Cherokee County for approval or rejection. The election superintendent shall conduct that election on November 7, 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 Cherokee County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which creates a board of commissioners of Cherokee 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, 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

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repealed on the first day of January immediately following that election date. 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 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE IS HEREBY GIVEN that there will be introduced a bill in the 1989 session of the Georgia General Assembly to change the Cherokee County Commission from a one man commission to a multi-commission. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William G. Hasty, Sr., who, on oath, deposes and says that he is Representative from the 8th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cherokee Tribune which is the official organ of Cherokee County, on the following date: January 11, 1989. /s/ William G. Hasty, Sr. Representative, 8th District Sworn to and subscribed before me, this 2nd day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989.

Page 4311

COBB COUNTY COMMISSION ON CHILDREN AND YOUTH DATE OF ABOLITION. No. 196 (House Bill No. 668). AN ACT To amend an Act creating the Cobb County Commission on Children and Youth, approved February 24, 1988 (Ga. L. 1988, p. 3569), so as to change the date upon which the commission will be abolished; 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 Commission on Children and Youth, approved February 24, 1988 (Ga. L. 1988, p. 3569), is amended by striking Section 5 thereof and inserting in its place a new section to read as follows: Section 5. The commission shall stand abolished on July 1, 1992. 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 1989 session of the General Assembly of Georgia a bill to amend an Act creating the Cobb County Commission on Children and Youth, approved February 24, 1968 (Ga. L. 1968, p. 3569); and for other purposes.

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This 26 day of January, 1989. Honorable Steve Thompson Representative, 20th District Honorable Herman Clark Representative, Dist. 20 Post 3 Secretary to the Cobb County Legislative 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: January 28, 1989. /s/ Steve Thompson Representative, 20th District Sworn to and subscribed before me, this 6th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989.

Page 4313

METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY OPERATING COSTS; INTEREST; INVESTMENTS. No. 197 (House Bill No. 670). AN ACT To amend the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, to permit the use of interest earned on certain reserve funds to pay operating costs; to include interest earned on certain reserve funds in the definition of transit operating revenue; to permit the Authority to invest in obligations of any corporation, agency, or instrumentality of the United States government; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, is amended by striking paragraph (4) of subsection (h) of Section 9 and inserting in its place a new paragraph to read as follows: (4) For purposes of this subsection (h), `transit operating revenue' means all fees, user charges, contract payments, or other monies or income received or derived by the Authority: (A) From the operation of a transportation system, as defined in Section 2(g) of this Act; (B) From the investment of reserve funds to the extent such investment income may, under the provisions of subsections (i) and (l) of Section 25 of this Act, be used to pay operating costs; or (C) From leases of Authority owned real property, but shall not mean any funds derived from the sales and use tax authorized in Section 25 of this Act, nor any funds provided by

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the federal government under the Urban Mass Transportation Act of 1964 (P.L. 88-365), as amended, nor any other such revenue not clearly received or derived from the operation of the transportation system, from the investment of reserve funds as provided in subsections (i) and (l) of Section 25 of this Act, or from leases of Authority owned real property; and `operating costs' means `operating costs of the system,' as defined in Section 25 (i) of this Act, and exclusive of depreciation and amortization. Section 2. Said Act is further amended by striking subsection (u) of Section 10 thereof and inserting in its place a new subsection to read as follows: (u) The Authority may invest and reinvest any idle monies, including funds held in reserve or debt retirement funds not required for immediate disbursement, in bonds or notes of the United States or unconditionally guaranteed by the United States or in bonds or notes of the State of Georgia or unconditionally guaranteed by the State of Georgia or in bonds, notes, or other obligations of any corporation, agency, or instrumentality of the United States government, and reconvert same when their proceeds are necessary for disbursement. Section 3. Said Act is further amended by striking subsection (i) of Section 25 thereof and inserting in its place a new subsection to read as follows: (i) Use of Proceeds. The proceeds of the tax levied pursuant to this Act shall be used solely by each local government to fulfill the obligations incurred in the contracts entered into with the Metropolitan Atlanta Rapid Transit Authority as contemplated in the Metropolitan Atlanta Rapid Transit Authority Act of 1965, as amended, provided, however, that no more than fifty percent (50%) of the annual proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation and amortization, until July 1, 2012, after which time no more than sixty percent (60%) of the annual proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation and amortization, and that commencing with July 1, 2012, and for every year thereafter, the proceeds of the tax shall not be used to subsidize operations of the transportation system to an extent greater than fifty percent

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(50%) of the operating costs of the system, exclusive of depreciation and amortization. In adopting its annual budget, the Board of the Metropolitan Atlanta Rapid Transit Authority shall be authorized to rely upon estimates of all revenues, operating costs, patronage and other factors which may affect the amount of the fare required to limit the operating subsidy herein provided for. If the results of any year's operations reflect that the proceeds of the tax were used to subsidize operations to an extent greater than herein provided, the Board shall adjust fares in order to make up the deficit in operations during a period of not to exceed three (3) succeeding years. If the results of operations in the Authority's fiscal year commencing July 1, 1980 or in any subsequent fiscal year reflect that the proceeds of the tax were not used to subsidize operations to the maximum extent herein provided, the Board may, in its sole discretion, reserve any amounts that could have been used to subsidize operations in that fiscal year and later use said reserved amounts and any interest earned on said reserved amounts to provide an additional subsidy for operations in any future fiscal year or years. The words `operating costs of the system' for purposes of this subsection 25(i) are defined to include all of the costs of that division of the Authority directly involved and that portion of the nonoperating administrative costs of those divisions of the Authority indirectly involved, through the provision of support services, in providing mass transportation services for the metropolitan area, but exclusive of the costs of the division or divisions directly involved and that portion of the nonoperating administrative costs of those divisions indirectly involved, in the planning, design, acquisition, construction and improvement of the rapid transit system, according to accepted principles of accounting. If any proceeds of the tax levied pursuant to this Act are held for the purpose of planning, designing, acquiring, or constructing additional facilities or equipment for or improvements to the rapid transit system and are invested, then all interest earned from such investments shall be used only for such purposes or for paying the principal of or interest on bonds or certificates issued for such purposes. Commencing July 1, 1988, and until July 1, 1991, interest earned on reserve funds set aside: (1) For rebuilding, repairing, or renovating facilities of the rapid transit system;

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(2) For replacing, repairing, or renovating equipment or other capital assets thereof; or (3) From the sale or other disposition of real property, may, without regard to the original source of the funds so reserved, be used to pay the operating costs of the system as such costs are defined in this subsection. Section 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 that there will be introduced at the regular 1989 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 8th day of December, 1988. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Barbara H. Couch, who, on oath, deposes and says that she is Representative from the 36th 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 15, 1988.

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/s/ Barbara H. Couch Representative, 36th District Sworn to and subscribed before me, this 6th day of February, 1989. /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 1989 Sesson 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 8th day of December, 1988. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Barbara H. Couch, who, on oath, deposes and says that she is Representative from the 36th 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 16, 1988.

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/s/ Barbara H. Couch Representative, 36th District Sworn to and subscribed before me, this 6th day of February, 1989. /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 1989 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 8th day of December, 1988. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Barbara H. Couch, who, on oath, deposes and says that she is Representative from the 36th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Daily News which is the official organ of Gwinnett County, on the following date: December 16, 1988. /s/ Barbara H. Couch Representative, 36th District

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Sworn to and subscribed before me, this 6th day of February, 1989. /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 1989 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 8th day of December, 1988. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Barbara H. Couch, who, on oath, deposes and says that she is Representative from the 36th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: December 13, 1988. /s/ Barbara H. Couch Representative, 36th District

Page 4320

Sworn to and subscribed before me, this 6th day of February, 1989. /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 1989 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 8th day of December, 1988. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Barbara H. Couch, who, on oath, deposes and says that she is Representative from the 36th 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 13, 1988. /s/ Barbara H. Couch Representative, 36th District

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Sworn to and subscribed before me, this 6th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. THOMAS COUNTY BOARD OF EDUCATION; ELECTION; TERMS; DISTRICTS. No. 198 (House Bill No. 680). AN ACT To provide for the Board of Education of Thomas County; to provide for the election and terms of members; to provide for education districts; to provide for members in office on the effective date of this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Notwithstanding the provisions of that local constitutional amendment providing for the election of members of the Board of Education of Thomas County, Resolution Act No. 92; House Resolution No. 79-214d; Ga. L. 1956, p. 447, specifically continued in force and effect on July 1, 1987, as a part of the Constitution of the State of Georgia by an Act approved March 29, 1985 (Ga. L. 1985, p. 4554), the members of the Board of Education of Thomas County shall be elected and shall serve as provided in this Act.

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Section 2. (a) The Board of Education of Thomas County shall consist of seven members. For the purpose of electing the members of the board of education Thomas County shall be divided into seven education districts as follows: Education District 1 Thomas Tract 9901 That part of Block 266 outside the City of Barwick Tract 9905 That part of Block 238 outside the City of Thomasville Block 239 That part of Block 240 outside the City of Thomasville Blocks 241 through 244 and 248 through 256 Tract 9907 Blocks 102, 113, and 116 through 120 Those parts of Blocks 121, 128, and 129 inside the City of Boston Blocks 130 through 153, 155, 156, 162, 169 through 172, 179, and 185 through 189 That part of Block 190 outside the City of Boston Blocks 191 through 199 Block Group 2 Education District 2 Thomas Tract 9901 That part of Block 174 inside the City of Pavo Block 193 Those parts of Blocks 197 and 198 inside the City of Pavo Block 199 Blocks 201 through 233 and 246 through 265 That part of Block 266 inside the City of Barwick Blocks 267 through 269 and 272 through 275

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Tract 9907 Blocks 101, 103 through 107, 111, 112, 114, and 115 That part of Block 121 outside the City of Boston Blocks 122, 123, 126, and 127 Those parts of Blocks 128 and 129 outside the City of Boston Blocks 154, 158 through 161, 163 through 168, 173 through 178, and 180 through 184 That part of Block 190 inside the City of Boston Education District 3 Thomas Tract 9904 That part of Block 222 outside the City of Thomasville Block 239 That part of Block 240 outside the City of Thomasville Blocks 247, 248, and 280 through 290 Tract 9905 Blocks 103 through 118 and 120 through 125 That part of Block 126 outside the City of Thomasville Blocks 245 through 247 Tract 9907 Blocks 124 and 125 Education District 4 Thomas Tract 9902 Block Group 1 Blocks 201 through 215 That part of Block 216 inside the City of Ochlocknee Blocks 217 through 224 That part of Block 225 inside the City of Ochlocknee Blocks 233 through 238 and 250 through 255 Education District 5 Thomas

Page 4324

Tract 9901 Blocks 270 and 271 Tract 9903 Blocks 101 through 105 and 108 through 113 Tract 9904 Blocks 101 through 108 and 112 through 118 That part of Block 119 outside the City of Thomasville Blocks 120 through 136 That part of Block 137 outside the City of Thomasville Blocks 138 through 140 Tract 9905 Blocks 101, 102, and 119 Tract 9907 Blocks 108 through 110 Education District 6 Thomas Tract 9902 Those parts of Blocks 216 and 225 outside the City of Ochlocknee Blocks 226 through 232, 239 through 249, and 256 through 264 Tract 9903 Blocks 106 and 107 Blocks 307 and 308 Tract 9906 Block 111 Those parts of Blocks 112 and 113 outside the City of Thomasville That part of Block 225 outside the City of Thomasville Blocks 226 through 240 Education District 7 Thomas Tract 9901 Blocks 101 through 173 That part of Block 174 outside the City of Pavo Blocks 175 through 192 and 194 through 196 Those parts of Blocks 197 and 198

Page 4325

outside the City of Pavo Blocks 234 through 245 Tract 9904 Blocks 109 through 111 (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 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 Thomas 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. (c) Persons seeking membership on the board of education shall be registered electors eligible to vote for members of the General Assembly, shall have resided in Thomas 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. (d) 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. (e) 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. (a) The members of the board of education who were elected at the general election in November, 1986, shall continue

Page 4326

in office for the terms to which they were elected and until successors are elected and qualified as provided in this section. The members of the board of education who were elected at the general election in November, 1988, shall continue in office for the terms to which they were elected and until successors are elected and qualified as provided in this section. (b) At the general election to be held in November, 1990, members of the board of education shall be elected from Education Districts 1, 3, 5, and 7. 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, 1992, members of the board of education shall be elected from Education Districts 2, 4, and 6. 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 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 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 1989 Session of the General Assembly of Georgia a Bill to be entitled An Act to provide for the Board of Education of Thomas County; to provide for the election and terms of members; to provide for education districts; to provide for members in office on the effective date of this Act; to repeal conflicting laws; and for other purposes.

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This January 31, 1989. THOMAS COUNTY BOARD OF EDUCATION THOMAS COUNTY SCHOOL SYSTEM By: Tom K. Vann, Attorney for Thomas County Board of Education and Thomas County School System 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 Thomasville Times which is the official organ of Thomas County, on the following date: February 1, 1989. /s/ A. Richard Royal Representative, 144th District Sworn to and subscribed before me, this 6th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989.

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GREENE COUNTY CORONER; COMPENSATION; EXPENSES; FEES. No. 199 (House Bill No. 688). AN ACT To amend an Act placing certain county officers of Greene County upon an annual salary, approved March 6, 1961 (Ga. L. 1961, p. 2182), as amended, so as to change the compensation of the coroner; to provide for certain expense allowances, reimbursements, and 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. An Act placing certain county officers of Greene County upon an annual salary, approved March 6, 1961 (Ga. L. 1961, p. 2182), as amended, is amended by striking Section 5 thereof and inserting in its place a new Section 5 to read as follows: Section 5. (a) The coroner of Greene County shall be compensated in the amount of $3,600.00 per year, which shall be paid in equal monthly installments from the funds of Greene County. (b) In addition to the compensation provided for in subsection (a) of this section the coroner shall, when taking the training course required by Code Section 45-16-6 of the O.C.G.A., receive the same expense allowance per day as that received by a member of the General Assembly, plus reimbursement of actual transportation costs while traveling by public carrier, or the legal mileage rate for the use of a personal automobile, and registration fees for such training course. Such expense allowance and reimbursements shall be paid by the county governing authority 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.

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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 1989 session of the General Assembly of Georgia a bill to provide for additional compensation for the Coroner of Greene County, to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes. George Greene Representative 106th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George F. Green, who, on oath, deposes and says that he is Representative from the 106th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Herald Journal which is the official organ of Effingham County, on the following date: January 27, 1989. /s/ George F. Green Representative, 106th District Sworn to and subscribed before me, this 3rd day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989.

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CITY OF AVONDALE ESTATES CORPORATE LIMITS. No. 200 (House Bill No. 718). 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 originally 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

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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 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 eight-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 pipe 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 if fifty (50) feet to a point; thence south westerly one hundred forty (140) feet to a point;thence southeasterly seven and eight-tenths (7.8) feet to a point; thence westerly eight-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 for Hillmont Avenue a distance of fifty (50) feet, more or less, to a point on the westerly

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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 projected 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 eighty-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) 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

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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 northerly right-of-way line of Covington Road (also known as Covington Highway); thence in a southeasterly direction along said northerly right-of-way line and following the curvature thereof and crossing its intersections with Mountain Drive and Kensington Road a distance of 3634 more or less, to a point which is immediately northeast of the northeasterly property line of parcel 15-231-14 as shown on the official tax map of DeKalb County, Georgia; thence southwesterly crossing Covington Road and following the northeasterly boundary of said parcel 15-231-7-14 273, more or less, to its southeasterly boundary; thence northwesterly along its southwesterly boundary 298.8, more or less, to a point where it intersects the easterly boundary of parcel 15-231-7-3 according to the official tax map of DeKalb County; thence in a southerly direction following the easterly property lines of parcels 15-231-7-3, 4, 5, and 6 a distance of 321.9 to a point; thence in a southeasterly direction 83.8 along the northeasterly boundaries of parcels 15-231-7-7 and 8 a distance of 83.8 to a point; thence continuing along the northeasterly property lines of parcels 15-231-7-15, 10, 11, 12, and 13 a distance of 529, more or less, to the northwesterly right of way line of Memorial Drive; thence in a southwesterly direction 210, more or less, to its intersection with the southwesterly right-of-way line of Wynn Drive; thence northwesterly along the southwesterly right-of-way line of Wynn Drive a distance of 125 to a point; thence in a southwesterly direction along the southeasterly line of parcel 15-231-10-4 a distance of 151, more or less, to a point; thence in a northwesterly direction along the southwesterly boundary of said parcel a distance of 75 more or less; thence in a southwesterly direction along the southerly boundary lines of parcels 15-231-10-7, 8, 9, and 10 a distance of 512, more or less, to a point; thence in a southerly direction 275, more or less, to a point; thence in a southwesterly direction along the northwesterly boundary line of parcels 15-231-10-52, 30, 51, and 23 a distance of 1130, more or less, to a point; thence continuing in a southwesterly direction along the northwesterly boundaries of parcels 15-218-1-1, 24, and 2 a distance of 1915, more or less, to a point; thence easterly 190, more or less, to the west line of land lot 218; thence in a northerly

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direction to a point where the west line of said land lot 218 intersects with land lots 217, 232, and 231; 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 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 1989 session of the General Assembly of Georgia, a bill to amend an Act incorporating the City of Avondale Estates, approved August 25, 1926 (Ga. L. 1927, p. 813), as amended, particularly by an Act approved March 3, 1962 (Ga. L. 1962, p. 3002), and 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 by an Act approved March 24, 1988 (Ga. L. 1988, p. 4488), and by Ordinance No. 818 approved December 15, 1988, to extend the limits of said city; and for other purposes.

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This 23rd day of January, 1989. Dean Alford Representative, 57th District, Post 3 PUBLISHER'S CERTIFICATE STATE OF GEORGIA COUNTY OF DEKALB Personally appeared before the undersigned, a notary public within and for said county and State Gerald Wm. Crane Co-publisher of Decatur-DeKalb News/Era a newspaper publisher at Decatur county of DeKalb State of Georgia who, being duly sworn, states on oath that the report of Local Legislation-amend act incorporating City of Avondale Estates a true copy of which is hereto annexed, was published in said newspaper in its issue of the 26th day of January 1989. /s/ Gerald W. Crane, Co-Publisher (by) /s/ Linda L. Orr, Agent Sworn to and subscribed before me this 26th day of January, 1989. /s/ Janet K. Simpson Notary Public My Commission expires June 4, 1990 (SEAL) Approved March 30, 1989.

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GLYNN COUNTY MAGISTRATE COURT; LAW LIBRARY FEES. No. 201 (House Bill No. 729). AN ACT To amend an Act creating the Magistrate Court of Glynn County, approved April 4, 1963 (Ga. L. 1963, p. 2969), as amended, so as to provide for the collection of an additional fee for the benefit of the Glynn County Law Library on each case filed in the Magistrate Court of Glynn County; to provide for the amount of the fee; to provide for certain procedures relating to the collection and remittance of such fee; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the Magistrate Court of Glynn County, approved April 4, 1963 (Ga. L. 1963, p. 2969), as amended, is amended by adding immediately following Section 4 a new section, to be designated Section 4A, to read as follows: Section 4A. (a) The Magistrate Court of Glynn County shall collect a fee not to exceed $3.00 on each case filed in said court, in addition to all other legal costs, for the benefit of the Glynn County Law Library. The exact amount of the fee shall be fixed by the chief judge of the Superior Court of Glynn County. (b) The clerk of the magistrate court shall collect the law library fee on each case filed in said court and shall remit the same to the treasurer of the board of trustees of the law library on the first day of each month. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3. 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 1989 session of the General Assembly of Georgia a bill to amend an Act creating the Magistrate's Court of Glynn County, approved April 4, 1963 (Ga. L. 1963, p. 2969), as amended, so as to provide for law library fees; and for other purposes. This 2nd day of February, 1989. WILLOU C. SMITH REPRESENTATIVE, DISTRICT 156 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Willou Smith, who, on oath, deposes and says that she is Representative from the 156th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Brunswick News which is the official organ of Glynn County, on the following date: February 4, 1989. /s/ Willou Smith Representative, 156th District Sworn to and subscribed before me, this 7th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989.

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GLYNN COUNTY STATE COURT; JUDGE; COMPENSATION. No. 202 (House Bill No. 730). AN ACT To amend an Act creating the State Court of Glynn County, approved March 9, 1943 (Ga. L. 1943, p. 702), as amended, particularly by an Act approved July 1, 1979 (Ga. L. 1979, p. 4541) and an Act approved April 12, 1982 (Ga. L. 1982, p. 4633), so as to change the compensation of the judge of said court; 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 Glynn County, approved March 9, 1943 (Ga. L. 1943, p. 702), as amended, particularly by an Act approved July 1, 1979 (Ga. L. 1979, p. 4541) and an Act approved April 12, 1982 (Ga. L. 1982, p. 4633), is amended by striking from Section 4 the undersignated paragraph, which reads as follows: The judge of said court shall receive an annual salary equal to 85 percent of the annual salary received from state funds by a superior court judge., and inserting in its place the following: Effective July 1, 1989, the judge of the State Court of Glynn County shall receive an annual salary which is equal to 85 percent of the annual salary received from state funds by a superior court judge and 85 percent of the annual salary supplement paid from the funds of Glynn County to a judge of the Superior Court of Glynn 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 given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Glynn County, approved March 4, 1943 (Ga. L. 1943, p. 702), as amended, so as to change the compensation of the Judge; and for other purposes. This 2nd day of February, 1989. WILLOU C. SMITH REPRESENTATIVE, DISTRICT 156 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Willou Smith, who, on oath, deposes and says that she is Representative from the 156th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Brunswick News which is the official organ of Glynn County, on the following date: February 4, 1989. /s/ Willou Smith Representative, 156th District

Page 4340

Sworn to and subscribed before me, this 7th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. CITY OF MACON MAYOR AND COUNCIL; TERMS. No. 203 (House Bill No. 736). AN ACT To amend an Act to provide a new charter for the City of Macon, approved March 23, 1977 (Ga. L. 1977, p. 3776), as amended, so as to provide that newly elected mayors and council members shall take office on the second Tuesday of December following their election; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act to provide a new charter for the City of Macon, approved March 23, 1977 (Ga. L. 1977, p. 3776), as amended, is amended by striking in its entirety subsection (a) of Section 2-321 and inserting in lieu thereof a new subsection (a) to read as follows: (a) Notwithstanding any provision contained in Chapter 3 of Title 21 of the O.C.G.A., the newly elected or reelected mayor and council members shall take office and meet for organization and swearing-in ceremonies on the second Tuesday of December following their election.

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Section 2. All laws and parts of laws in conflict with this Act are repealed. GEORGIA, BIBB COUNTY NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a Bill to amend an Act to provide a new charter for the city of Macon, approved March 23, 1977 (Ga. L. 1977, p. 3776), as amended, so as to provide that the terms of newly elected mayor and council members shall commence on the second Tuesday in December following their election; and for other purposes. William Lee Robinson, Mayor and the City Council of the City of Macon, Georgia Post Office Box 242 Macon, Georgia 31298 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Floyd M. Buford, Jr., who, on oath, deposes and says that he is Representative from the 103rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Macon Telegraph and News which is the official organ of Bibb County, on the following date: February 4, 1989. /s/ Flyod M. Buford, Jr. Representative, 103rd District

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Sworn to and subscribed before me, this 6th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. CITY OF ATLANTA URBAN ENTERPRISE ZONES; REHABILITATION. No. 204 (House Bill No. 739). AN ACT To amend an Act providing for urban enterprise zones in the City of Atlanta, approved March 24, 1988 (Ga. L. 1988, p. 4164), so as to provide for certain rehabilitation as an eligible activity within certain commercial enterprise zones; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for urban enterprise zones in the City of Atlanta, approved March 24, 1988 (Ga. L. 1988, p. 4164), is amended by striking subsection (a) of Section 8 and inserting in its place a new subsection (a) to read as follows: (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

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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 it 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) 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 (1) of subsection (b) of Section 7. 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 three or more, then the full value of both the improvements added and the land 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 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; (3) 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; (4) 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; (5) Except as provided in paragraph (4) 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

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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 (6) The amount of the exemption for property in a zone may not be changed and the type of property subject to an exemption in a zone may not be decreased by the city council or board of commissioners after the passage of the respective city ordinance or county resolution creating that exemption under this Act, unless the zone and all exemptions on property therein are abolished as provided in this subsection. 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 1989 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), as amended by an Act approved March 26, 1987 (Ga. L. 1987, p. 4789) and as amended by an Act approved March 24, 1988 (Ga. L. 1988, p. 4164); and for other purposes. This 25th day of January, 1989. W. M. ALEXANDER Legislative Coordinator City of Atlanta GEORGIA, FULTON COUNTY

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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 25, 1989. /s/ Bob Holmes Representative, 28th District Sworn to and subscribed before me, this 8th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. CITY OF PERRY ORDINANCES; ADOPTION. No. 205 (House Bill No. 740). AN ACT To amend an Act reincorporating and providing a new charter for the City of Perry, approved March 29, 1983 (Ga. L. 1983, p. 4386), as amended, so as to change provisions relative to the adoption of ordinances; to provide for the form, reading, introduction, distribution, amendment, adoption, and signing of ordinances; to provide for related matters; to repeal conflicting laws; and for other purposes.

Page 4346

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act reincorporating and providing a new charter for the City of Perry, approved March 29, 1983 (Ga. L. 1983, p. 4386), as amended, is amended by striking Section 2.22 which reads as follows: Section 2.22. Ordinance form; procedure. (a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. The enacting clause shall be: `The Council of the City of Perry hereby ordains...' and every ordinance shall so begin. (b) An ordinance may be introduced by any council member and read at a regular or special meeting of the city council. (c) Upon passage, all ordinances shall be signed by the mayor, or mayor pro tempore if presiding, and the city clerk. (d) Failure to comply with the technical requirements of this section shall not invalidate an ordinance if the intention of the governing authority that the ordinance be effective is evident., and inserting in its place a new section to read as follows: Section 2.22. Ordinance form; procedure. (a) Every proposed ordinance should be introduced in writing and in the form required for final adoption. The enacting clause shall be: `The Council of the City of Perry hereby ordains...' and every ordinance shall begin so. (b) An ordinance may be introduced by any council member and read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances as provided in Section 2.24. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each council member and shall file a reasonable number of

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copies in the office of the clerk and at such other public places as the city council may designate. (c) Proposed ordinances, except emergency ordinances, shall be given a second reading at the next meeting of the council following the introduction of the proposed ordinances and, after such reading, all persons interested shall be given an opportunity to be heard. A vote of the council may be taken at that time and the proposed ordinance adopted. (d) The council may then pass such ordinance with or without amendment, except that if it shall make an amendment which constitutes a change of substance, it shall not finally pass the ordinance until the next meeting of the council following the amendment. (e) Upon passage, all ordinances shall be signed by the mayor, or mayor pro tempore if presiding, and the city clerk. 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 1989 session of the General Assembly of Georgia a bill to amend an Act reincorporating and providing a new charter for the City of Perry in Houston County, approved March 29, 1983 (Ga. L. 1983, p. 4386), as amended; to provide for related matters; and for other purposes. This 17th day of January, 1989. Honorable Larry Walker Representative, 115th District

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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, Local Legislation was published in The Houston Home Journal on the following dates:1/25/89. This 26 day of Jan, 1989. /s/ Jim Kerce Ltd Publisher, Houston Home Journal Perry, Georgia Sworn to and subscribed before me this 26 day of Jan. 1989. /s/ Jean Breaux Notary Public, Houston County, Georgia My Commission Expires Oct. 3, 1992 (SEAL) Approved March 30, 1989. HOUSTON COUNTY STATE COURT; SOLICITOR. No. 206 (House Bill No. 741). AN ACT To amend an Act creating the State Court of Houston County, approved February 28, 1975 (Ga. L. 1975, p. 2584), as amended, so as to change provisions relating to the solicitor of said

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court; to provide for the qualifications and compensation of the solicitor; to provide that the solicitor shall be a full-time solicitor; 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 Houston County, approved February 28, 1975 (Ga. L. 1975, p. 2584), as amended, is amended by striking Section 9 which reads as follows: Section 9. In order to be eligible to be appointed or elected solicitor of said state court, a person must have resided in Houston County for one (1) year immediately preceding such appointment or election and must be a licensed attorney at law engaged in an active practice of law with his main office located in Houston County. The Solicitor of the State Court of Houston County shall not be permitted to engage in the practice of law in the State Court of Houston County. The solicitor shall be compensated by an annual salary to be fixed by the governing authority of Houston County and to be not less than $6,000.00. In that year in which the term of office of the solicitor shall expire, it shall be the duty of the governing authority of Houston County on or before the first day of July to fix the salary of the solicitor of the State Court of Houston County for the next ensuing term of office of such solicitor. The salary so fixed by the governing authority shall not be diminished during the term of office of that solicitor who takes office on the first day of January following. The salary of the solicitor of the state court shall be paid out of county funds., and inserting in its place a new Section 9 to read as follows: Section 9. (a) The qualifications for eligibility to the office of solicitor of said state court shall be as provided by general state law, as now contained in Code Section 15-7-24 or as hereafter provided by general state law. (b) The solicitor shall be a full-time solicitor and shall not engage in the private practice of law.

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(c) The solicitor shall be compensated by an annual salary to be fixed by the governing authority of Houston County and to be not less than $36,000.00. In that year in which the term of office of the solicitor shall expire, it shall be the duty of the governing authority of Houston County on or before the first day of July to fix the salary of the solicitor of the State Court of Houston County for the next ensuing term of office of such solicitor. The salary so fixed by the governing authority shall not be diminished during the term of office of that solicitor who takes office on the first day of January following. The salary of the solicitor of the state court shall be paid out of county funds. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without 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 1989 session of the General Assembly of Georgia a bill to amend an Act creating and establishing the State Court of Houston County, approved February 28, 1975 (Ga. L. 1975, p. 2584), as amended; to provide for related matters; and for other purposes. This 17th day of January, 1989. Honorable Larry Walker Representative, 115th District GEORGIA, HOUSTON COUNTY

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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, Introduce Local Legislation was published in The Houston Home Journal on the following dates: 1/25/89. This 26 day of Jan, 1989. /s/ Jim Kerce Ltd Publisher, Houston Home Journal Perry, Georgia Sworn to and subscribed before me this 26 day of Jan. 1989. /s/ Jean Breaux Notary Public, Houston County, Georgia My Commission Expires Oct. 3, 1992 (SEAL) Approved March 30, 1989. BULLOCH COUNTY TAX COMMISSIONER; COMPENSATION. No. 207 (House Bill No. 747). 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),

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an Act approved April 3, 1972 (Ga. L. 1972, p. 3492), an Act approved March 19, 1987 (Ga. L. 1987, p. 4491), and an Act approved March 10, 1988 (Ga. L. 1988, p. 3865), so as to change the compensation of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the office of tax commissioner of 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), an Act approved March 19, 1987 (Ga. L. 1987, p. 4491), and an Act approved March 10, 1988 (Ga. L. 1988, p. 3865), is amended by striking Section 8 in its entirety 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 $32,000.00 per annum, payable in equal monthly installments from funds of Bulloch County. 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 2. This Act shall become effective on 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 has been given that there will be introduced at the regular 1989 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,

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so as to change the annual salary of the tax commissioner; and for other purposes. This 4th day of February, 1989. Honorable Bob Lane Representative, 111th District Honorable John F. Godbee Representative, 110th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Lane, who, on oath, deposes and says that he is Representative from the 111th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Statesboro Herald which is the official organ of Bulloch County, on the following date: February 4, 1989. /s/ Bob Lane Representative, 111th District Sworn to and subscribed before me, this 6th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989.

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BAKER COUNTY BOARD OF COMMISSIONERS; CLERK. No. 208 (House Bill No. 748). AN ACT To amend an Act creating a board of commissioners for Baker County, approved August 8, 1917 (Ga. L. 1917, p. 306), as amended, particularly by an Act approved March 21, 1958 (Ga. L. 1958, p. 3026), so as to authorize and empower the board of commissioners to employ and fix the compensation of a clerk of the board of commissioners; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a board of commissioners for Baker County, approved August 8, 1917 (Ga. L. 1917, p. 306), as amended, particularly by an Act approved March 21, 1958 (Ga. L. 1958, p. 3026), is amended by striking Sections 8 and 8-A in their entirety and substituting in lieu thereof a new Section 8 to read as follows: Section 8. The board of commissioners shall be authorized to employ and fix the compensation of a clerk of the board of commissioners who shall be paid in equal monthly installments out of the funds of Baker County. It shall be the duty of said clerk to attend all meetings of the board of commissioners of said county and to enter into a well-bound book accurate and complete minutes of all the official acts and doings of said commissioners and to keep a record of all checks drawn upon the county by said commissioners, the person to whom paid, for what purpose paid, and on what fund the said check is drawn. It shall also be the duty of the clerk of said board to keep and file all papers pertaining to the office of said board, which shall be kept at the courthouse and be open and subject to the inspection of the citizens of the county during regular office hours, and to submit all books, minutes, vouchers, and all papers and records of the office of said board to the grand jury of said county when called upon by that body to do so.

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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 given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to amend an Act creating the board of commissioners of Baker County, approved April 8, 1917 (Ga. L. 1917, p. 307), as amended, so as to authorize the board of commissioners to employ and fix the compensation of a clerk or administrator of said board of commissioners; and for other purposes. This 3rd day of February, 1989. Michael B. Tabb Chairman Baker County Board of Commission GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ralph Balkcom, who, on oath, deposes and says that he is Representative from the 140th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Albany Herald which is the official organ of Baker County, on the following date: February 4, 1989. /s/ Ralph Balkcom Representative, 140th District

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Sworn to and subscribed before me, this 8th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. LEE COUNTY SHERIFF; DEPUTY SHERIFFS. No. 209 (House Bill No. 760). AN ACT To amend an Act abolishing the fee system of compensating the Sheriff of Lee County and providing in lieu thereof an annual salary, approved February 8, 1966 (Ga. L. 1966, p. 2219), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 3661), so as to change a certain provision relating to the employment of deputies; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act abolishing the fee system of compensating the Sheriff of Lee County and providing in lieu thereof an annual salary, approved February 8, 1966 (Ga. L. 1966, p. 2219), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 3661), is amended by striking in its entirety Section 5 and inserting a new Section 5 to read as follows: Section 5. The Sheriff of Lee County shall be authorized to appoint a minimum of two and not more than 12 deputies who shall be compensated in an amount to be determined by the

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governing authority of Lee County. Said salaries shall be payable biweekly from the funds of Lee County. Upon the approval of the governing authority, the sheriff shall designate and name the persons who shall be employed as deputies, prescribe their duties and assignments, and remove or replace such deputies. Section 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 1989 Session of The General Assembly of Georgia, a bill, to amend an Act placing the Sheriff of Lee County on a salary basis and for other purposes approved February 28, 1966 (Ga. Laws 1966, pg. 2219), as amended 1969, 1970, 1971, 1975, 1978 and 1979, to amend the number of Deputy Sheriffs authorized for said office. This 3rd day of January, 1989. T. P. Tharp, Clerk/Admn. Board of County Commissioners Lee County, GA. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Hanner, who, on oath, deposes and says that he is Representative from the 131st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Lee County Ledger which is the official organ of Lee County, on the following date: January 12, 1989.

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/s/ Bob Hanner Representative, 131st District Sworn to and subscribed before me, this 7th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. OCONEE UTILITY AUTHORITY AUTHORITY ABOLISHED; PROPERTY TRANSFERRED. No. 210 (House Bill No. 763). AN ACT To repeal an Act known as the Oconee Utility Authority Act (formerly the Oconee County Public Utility Authority Act), approved March 18, 1980 (Ga. L. 1980, p. 3429), as amended by an Act approved April 12, 1982 (Ga. L. 1982, p. 4568), and an Act approved March 20, 1986 (Ga. L. 1986, p. 4123); to provide for the disposition of all of the property, whether real, personal, tangible, intangible, or otherwise, of the authority; to provide for other matters related to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act known as the Oconee Utility Authority Act (formerly the Oconee County Public Utility Authority

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Act), approved March 18, 1980 (Ga. L. 1980, p. 3429), as amended by an Act approved April 12, 1982 (Ga. L. 1982, p. 4568), and an Act approved March 20, 1986 (Ga. L. 1986, p. 4123), is repealed. Section 2. On the effective date of this Act, any property, whether real, personal, tangible, intangible, or otherwise, which belongs to the Oconee Utility Authority and which was conveyed to such authority by any municipality located within or partially within Oconee County shall revert to such municipality, together with any rights and good faith duties, liabilities, and obligations directly associated with such property, without further action. Section 3. Any municipality in which title to property would become vested by operation of Section 2 of this Act may elect that title to such property, whether real, personal, tangible, intangible, or otherwise, together with any rights and good faith duties, liabilities, and obligations directly associated with such property, shall be vested in Oconee County on the effective date of this Act. Such election shall be made by a proper resolution of the governing authority of such municipality, with a certified copy of such resolution being recorded in the real estate records in the office of the clerk of the Superior Court of Oconee County. Such election shall be made within 180 days of the effective date of this Act. Nothing in this Act shall be construed to prohibit contractual relationships or operating agreements in connection with utilities between Oconee County and any of the municipalities within or partially within Oconee. Section 4. All other property, whether real, personal, tangible, intangible, or otherwise, owned by the Oconee Utility Authority on the effective date of this Act shall become vested in Oconee County. Section 5. Oconee County shall succeed to the rights and good faith duties, liabilities, and obligations of the Oconee Utility Authority in all existing contracts or agreements, except insofar as those rights and good faith duties, liabilities, and obligations are directly connected with property becoming vested in municipalities within or partially within Oconee County as provided in Section 2 of this Act. 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 1989 session of the General Assembly of Georgia a bill relating to an Act known as the Oconee County Public Utility Authority Act approved March 18, 1980 (Ga. L. 1980, p. 3429), as amended by an Act approved April 12, 1982 (Ga. L. 1982, p. 4568), and as amended by an Act approved March 20, 1986 (Ga. L. 1986, p. 4123). This 19th day of January, 1989. Board of Commissioners of Oconee County BY: Wendell T. Dawson, Chairman 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 26, 1989. /s/ Frank E. Stancil Representative, 66th District

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Sworn to and subscribed before me, this 2nd day of February, 1989. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved March 30, 1989. EFFINGHAM COUNTY STATE COURT; JUDGE; SOLICITOR; COMPENSATION. No. 211 (House Bill No. 767). AN ACT To amend an Act creating the State Court of Effingham County, approved July 20, 1908 (Ga. L. 1908, p. 211), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4250), and by an Act approved March 19, 1987 (Ga. L. 1987, p. 5252), so as to change the salary of the judge and solicitor of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the State Court of Effingham County, approved July 20, 1908 (Ga. L. 1908, p. 211), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 5252), is amended by striking Section 2A in its entirety and inserting in lieu thereof a new Section 2A to read as follows: Section 2A. The judge of said court shall receive a salary of $15,600.00 per year which shall be paid monthly by the treasurer

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of Effingham County; and it shall be the duty of the board of county commissioners of said county, or other proper officers, to make provision annually in levying taxes for this purpose. The judge shall receive no other compensation but may practice law in any court except his own. Section 2. Said Act is further amended by striking Section 4A in its entirety and inserting in lieu thereof a new Section 4A to read as follows: Section 4A. The solicitor of said court shall receive a salary of $12,600.00 per annum which shall be payable in equal monthly installments from the funds of Effingham County; and it shall be the duty of the board of commissioners of said county to make provision annually in levying taxes for this purpose. In addition, he shall receive reimbursement for all expenses incurred by him in the prosecution before appellate courts of cases originating in the State Court of Effingham County. Said salary and expenses shall be in lieu of all fees allowed by law. Said solicitor shall receive no other compensation for his services and may practice law in any court with the exception of representing defendants in criminal cases in the State Court of Effingham County, Georgia. Section 3. This Act shall become effective April 1, 1989, except that if this Act is approved by the Governor or becomes law without such approval later than April 1, 1989, then this Act shall become effective on the first day of the month following the month in which it becomes law. 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 in the 1989 session of the General Assembly of Georgia a bill affecting the compensation of the Solicitor of State Court of Effingham County, Georgia.

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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 1, 1989. /s/ George A. Chance, Jr. Representative, 129th District Sworn to and subscribed before me, this 9th day of February, 1989. /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 hereby given that there will be introduced in the 1989 session of the General Assembly of Georgia a bill affecting the compensation of the Judge of State Court of Effingham County, Georgia. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George A. Chance, Jr., who, on oath, deposes and says that he is Representative from the 129th District, and that the attached copy of Notice of Intention to Introduce

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Local Legislation was published in the Herald which is the official organ of Effingham County, on the following date: February 1, 1989. /s/ George A. Chance, Jr. Representative, 129th District Sworn to and subscribed before me, this 9th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. CITY OF BARNESVILLE MAYOR; CITY OFFICERS; ELECTIONS; MAJORITY VOTE. No. 212 (House Bill No. 772). AN ACT To amend an Act providing a new charter for the City of Barnesville, approved March 11, 1987 (Ga. L. 1987, p. 3865), as amended by an Act approved March 24, 1988 (Ga. L. 1988, p. 4617), so as to change certain provisions relating to the election of the mayor; to provide for election of city officers by majority vote; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1. An Act providing a new charter for the City of Barnesville, approved March 11, 1987 (Ga. L. 1987, p. 3865), as amended by an Act approved March 24, 1988 (Ga. L. 1988, p. 4617), is amended by striking subsection (c) of Section 5.11 and inserting in its place a new subsection (c) to read as follows: (c) The mayor shall be elected by a majority of the qualified voters of the entire city voting in such election. Each member of the city council shall be elected by a majority of the qualified voters voting within each respective ward in such election. Section 2. Said Act is further amended by adding a new section immediately following Section 5.12, to be designated Section 5.13, to read as follows: Section 5.13. Election by majority. The person receiving a majority of the votes cast for any city office shall be elected. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 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), as amended by an Act approved March 24, 1988 (Ga. L. 1988, p. 4617); and for other purposes. This 12th day of January, 1989. /s/Norman Smith Norman Smith, City Attorney GEORGIA, FULTON COUNTY

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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 18, 1989. /s/ Larry Smith Representative, 78th District Sworn to and subscribed before me, this 30th day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. TALBOT COUNTY BOARD OF COMMISSIONERS; COMPENSATION. No. 213 (House Bill No. 774). AN ACT To amend an Act changing the compensation of the members of the board of commissioners of Talbot County, approved February 5, 1953 (Ga. L. 1953, p. 2188), as amended, particularly by an Act approved February 27, 1981 (Ga. L. 1981, p. 3011), so as to change the compensation of the members of the board of commissioners of Talbot 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 changing the compensation of the members of the board of commissioners of Talbot County, approved February 5, 1953 (Ga. L. 1953, p. 2188), as amended, particularly by an Act approved February 27, 1981 (Ga. L. 1981, p. 3011), is amended by striking from Section 1 thereof the following: $3,600.00 per annum, and inserting in lieu thereof the following: $4,800.00 per annum, so that when so amended said Section 1 shall read as follows: Section 1. The members of the board of county commissioners of Talbot County shall be compensated in the amount of $4,800.00 per annum, to be paid from the general funds of Talbot County in equal monthly installments. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without 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 1989 session of the General Assembly of Georgia a bill to amend an Act changing the compensation of the members of the Board of Commissioners of Talbot County, approved February 5, 1953 (Ga. L. 1953, P. 2188), as amended, particularly by an Act approved February 27, 1981 (Ga. L. 1981, P. 3011); and for other purposes.

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This 27th day of January, 1989. LEONARD R. MEADOWS 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 Talbotton New Era which is the official organ of Talbot County, on the following date: February 2, 1989. /s/ Leonard R. Meadows Representative, 91st District Sworn to and subscribed before me, this 10th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989.

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CITY OF AUSTELL CORPORATE LIMITS. No. 214 (House Bill No. 775). AN ACT To amend an Act creating a new charter for the City of Austell, approved March 28, 1986 (Ga. L. 1986, p. 4902), as amended by an Act approved March 31, 1987 (Ga. L. 1987, p. 5290), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a new charter for the City of Austell, approved March 28, 1986 (Ga. L. 1986, p. 4902), as amended by an Act approved March 31, 1987 (Ga. L. 1987, p. 5290), is amended by adding at the end of Section 1.11 a new subsection (d) to read as follows: (d) In addition to the corporate boundaries provided for in subsections (a), (b), and (c) of this section, the corporate limits of the City of Austell shall include and embrace the following tracts of land: TRACT 1 All that tract or parcel of land lying and being in Land Lot 1230 of the 19th District, 2nd Section of Cobb County, Georgia, being more particularly described as follows: BEGINNING at a point on the northwesterly side of Austell-Marietta Road where the same is intersected by the half land lot line dividing the north and the south line of Land Lot 1230; thence north 84 degrees 30 minutes 31 seconds west a distance of 417.23 feet to an iron pin; thence north 27 degrees 30 minutes east a distance of 210.18 feet to an iron pin; thence south 84 degrees 49 minutes 30 seconds east a distance of 410.8 feet to an iron pin located on the northwesterly side of Austell-Marietta Road; thence south 25 degrees 38 minutes 20 seconds west along the northwesterly

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side of Austell-Marietta Road a distance of 210 feet to an iron pin and the point of beginning. TRACT 2 All that tract or parcel of land lying and being in the South half of Land Lot 1230, 19th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point located on the Northwesterly side of Marietta-Austell Road, 425 feet Northeasterly from the intersection of the Northwesterly side of Marietta-Austell Road with the original South line of said Land Lot, and running thence Northeasterly along the Northwesterly side of said Road for a distance of 100 feet to an iron stake and corner; thence running Westerly along the Southern line of property now or formerly owned by W. E. Farmer for a distance of 275 feet to an iron stake and corner; thence running Southwesterly and parallel with the Northwesterly side of said Marietta-Austell Road for a distance of 100 feet to an iron stake and corner; thence running Easterly for a distance of 275 feet to the Northwesterly side of Marietta-Austell Road and the point of beginning. All that tract or parcel of land lying and being in Land Lot 1230 of the 19th District, 2nd Section, Cobb County, Georgia, according to survey for Douglas L. Reece, recorded in Plat Book 49, page 196, Records of Cobb County, Georgia, and being more particularly described as follows: BEGINNING at an iron pin on the westerly side of Austell Road, which iron pin is 325 feet north easterly, as measured along the westerly side of Austell Road from the intersection of the westerly side of Austell Road and the south land lot line of Land Lot 1230; running thence north 88 degrees west 200 feet to an iron pin; then north 17 degrees 04 minutes east 100 feet to an iron pin; thence south 88 degrees east 200 feet to an iron pin; on the westerly side of Austell Road; thence south 17 degrees 04 minutes west along the westerly side of Austell Road 100 feet to an iron pin at the point of BEGINNING.

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TRACT 3 ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 1157, of the 19th District, 2nd Section, of Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point on the Southerly right of way of Clay Road 607 feet Westerly as measured along the Southerly right of way of Clay Road from the intersection of the Southerly right of way of Clay Road and the East land lot line of Land Lot 1157; thence Westerly along the Southerly right of way of Clay Road 100 feet to a point and corner; thence South 1 degree 2 minutes East a distance of 195.8 feet to a point and corner; thence North 88 degrees 58 minutes East a distance of 100 feet to a point and corner; thence North 1 degree 2 minutes West a distance of 195.8 feet to a point on the Southerly right of way of Clay Road and the Point of Beginning. TRACT 4 All that tract or parcel of land lying and being in Land Lot 1230 of the 19th District and 2nd Section of Cobb County, Georgia and being more particularly described as follows: BEGINNING at a point located on the northwesterly side of the right of way of Austell Road, as located prior to the widening of same, which point is located 100 feet northeasterly from the northerly side of the right of way of Sweetwater Lane, also said point of beginning being located 125 feet northeasterly from the south line of Land Lot 1230, as measured along the northwesterly side of the right of way of Austell Road; running thence westerly parallel to the northerly side of the right of way of Sweetwater Lane a distance of 200 feet; running thence in a northeasterly direction a distance of 100 feet; running thence easterly a distance of 200 feet to the northwesterly side of the right of way of Austell Road; running thence in a southwesterly direction along the northwesterly side of the right of way of Austell Road a distance of 100 feet to the point of beginning, EXCEPTING HOWEVER, that portion of the above described property which is being used for the widening of

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Austell Road as set forth under Condemnation Proceeding Suit No. 86-13439-99, Superior Court, Cobb County, Georgia. All that tract or parcel of land lying and being in Land Lot 1230 of the 19th District and 2nd Section of Cobb County, Georgia and being more particularly described as follows: BEGINNING at a point located at the intersection of the northerly side of Sweetwater Lane and the northwesterly side of the right of way of Austell Road, as located prior to the widening of same, which point is located 25 feet northeasterly from the south line of Land Lot 1230, as measured along the northwesterly side of the right of way of Austell Road; running thence in a westerly direction along the northerly side of the right of way of Sweetwater Lane a distance of 200 feet; running thence in a northeasterly direction a distance of 100 feet; running thence east a distance of 200 feet to the northwesterly side of the right of way of Austell Road; running thence in a southwesterly direction along the northwesterly side of the right of way of Austell Road a distance of 100 feet to the northerly side of Sweetwater Lane at the point of beginning, EXCEPTING HOWEVER, that portion of the above described property which is being used for the widening of Austell Road, as set forth under a right of way deed dated April 4, 1986 from Norma Jean Driskell to Department of Transportation and recorded in Deed Book 3888, Page 252, Clerk's Office, Superior Court, Cobb County, Georgia. Land Lot 1230 of the 19th District and 2nd Section of Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point located on the northwesterly side of the right of way of Austell Road, as located prior to the widening of same, which point is located 200 feet northeasterly from the northerly side of the right of way of Sweetwater Lane, also said point of beginning being located 225 feet northeasterly from the south line of Land Lot 1230, as measured along the northwesterly side of the right of way of Austell Road; running thence westerly parallel to the northerly side of the right of way of Sweetwater Lane a distance of

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200 feet; running thence in a northeasterly direction a distance of 100 feet; running thence easterly a distance of 200 feet to the northwesterly side of the right of way of Austell Road; running thence in a southwesterly direction along the northwesterly side of the right of way of Austell Road a distance of 100 feet to the point of beginning, EXCEPTING HOWEVER, that portion of the above described property which is being used for the widening of Austell Road as set forth under Condemnation Proceeding Suit No. 86-13439-99, Superior Court, Cobb County, Georgia. TRACT 5 All that tract or parcel of land lying and being in the 19th District and 2nd Section of Cobb County, Georgia, and being a part of original Land Lot 1287, being more particularly described as follows: BEGINNING at an iron pin on the easterly side of Marietta-Austell Highway, this being the corner of lot formerly owned by Bill Gilley, now owned by J. K. Jones (see Plat Book 6, Page 204); running thence in a southeasterly direction, along the northern property line of the said J. K. Jones for a distance of 239 feet to lands now or formerly owned by Mrs. Gerda Kull (a plat of survey of her said property being recorded in Plat Book 6, Page 129); running thence in a northerly direction along said Kull property a distance of 75 feet to properties of Hubert Carroll and to an iron pipe; thence in a westerly direction for 229 feet to said Highway; thence southerly, along the east side of said Highway, 75 feet to point of beginning. This being the same property conveyed by Hubert Carroll to Robert A. Carroll on November 29, 1947 by Deed recorded in Deed Book 197, Page 194, Cobb County Records. TRACT 6 All that tract or parcel of land lying and being in Land Lot 1302 of the 19th District and 2nd Section of Cobb County, Georgia, and being portions of Subdivided Lots Nos. 6, 5 and 4 of the W. P. Davis property, as appears from plats made by

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Paul Hensley recorded in Plat Book 4, page 65, Cobb County Records, and a corrected copy recorded in Plat Book 5, page 144, said Records, more fully described as follows: BEGINNING on the west side of a road which has recently been opened from Bankhead Highway through Subdivided Lots 5 and 6 of said plat, at the intersection of the north original land lot line with the west side of said road; running thence southwesterly, along the road, 100 feet; thence westerly, of uniform distance of 100 feet from the north line, to the original west line of Subdivided Lot No. 4; thence north 100 feet to the original land lot line; thence east, along said line, to point of beginning. All that tract or parcel of land lying and being in the 19th District and Second Section of Cobb County and more particularly described as follows: Being sub-divided Lots 4 and 5 of the Davis Subdivision, beginning at Southwest corner of lot sold to F. H. Johna, and running thence East to a new Road; thence South along said road, 90 feet; thence West to the original west line of subdivided lot 4; thence North 90 feet and to the point of beginning. TRACT 7 All that tract or parcel of land lying and being in Land Lot 1157 of the 19th District, 2nd Section, Cobb County, Georgia, and being 1.67 acres at the corner of Flint Hill Road and Clay Road in Cobb County being more particularly described as follows: Beginning at a point at the intersection of the south side of Clay Road with the east side of Flint Hill Road; running thence north 89 degrees, 30 east along the south side of Clay Road for 318.0 to an iron pin; running thence south 00 degrees, 32 east for 194.0 to an iron pin; running thence south 49 degrees, 06 west for 13.1 to an iron pin; running thence south 49 degrees, 37 west for 49.4 to an iron pin; running thence south 79 degrees, 23 west for 221.9 to an iron pin on the east side of Flint Hill Road; running thence north 11 degrees, 14 west along the east side of Flint Hill Road for 278.0 to an iron pin at the point of beginning.

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TRACT 8 All that tract or parcel of land lying and being in Land Lot 1138 of the 19th District, 2nd Section of Cobb County, Georgia, being Lots 9 and 10 of the South Cobb Heights Subdivision, as shown on plat recorded in Plat Book 22, page 146, Cobb County Records, said plat being incorporated herein by reference. All that tract or parcel of land lying and being in Land Lots 1138 and 1157 of the 19th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point located at the intersection of the southwesterly side of the right-of-way of Clay Road and the southwesterly side of the right-of-way of Anderson Mill Road; running thence south 11 degrees 54 minutes east along the southwesterly side of the right-of-way of Anderson Mill Road a distance of 222.5 feet; running thence south 68 degrees 30 minutes west a distance of 152.1 feet; running thence north 11 degrees 54 minutes west a distance of 286.4 feet to a point located on the southwesterly side of the right-of-way of Clay Road; running thence in a southeasterly direction along the southwesterly side of the right-of-way of Clay Road a distance of 155 feet to the point of beginning. TRACT 9 All that tract or parcel of land lying and being in Land Lot 1287 of the 19th District and 2nd Section of Cobb County, Georgia, and being more particularly described as beginning at a point on the southeasterly side of the Austell-Marietta Road, which said point of beginning is located 603.4 feet southwest as measured along the southeasterly side of the Austell-Marietta Road, from the north land lot line of said Land Lot 1287, and from said point of beginning going thence south 69 degrees 45 minutes east a distance of 165.44 feet to an iron pin; going thence south 19 degrees 50 minutes west a distance of 52.90 feet to an iron pin; going thence north 67 degrees 00 minutes west a distance of 84 feet to a point; going thence north 74 degrees 10 minutes west a distance of 79.70 feet to an iron pin placed on the northeast

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side of said Austell-Marietta Road; going thence north 17 degrees 42 minutes east, and along the northeasterly side of said Austell-Marietta Road a distance of 55.0 feet to the point of beginning. TRACT 10 All that tract or parcel of land lying and being in Land Lots 1229 and 1230 of the 19th District, 2nd Section of Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point on the east line of Land Lot 1230, which is also the west line of Land Lot 1229, which point is located north 0 degrees 03 minutes west a distance of 302.4 feet from the common corner of Land Lots 1287, 1288, 1229 and 1230, as measured along the east line of Land Lot 1230; running thence south 89 degrees 57 minutes 43 seconds west a distance of 181.7 feet to the southeasterly side of the right of way of Austell Road; running thence north 15 degrees 00 minutes east along the southeasterly side of the right of way of Austell Road a distance of 150.2 feet; running thence north 89 degrees 46 minutes east a distance of 482.7 feet; running thence south 02 degrees 22 minutes west a distance of 146 feet; running thence south 89 degrees 46 minutes west a distance of 333.8 feet to the west line of Land Lot 1229 which is also the east line of Land Lot 1230 at the point of beginning and being made in accordance with a plat of survey made by B. H. Cox, Surveyor, dated January 5, 1979. TRACT 11 ALL THAT TRACT or parcel of land lying and being in Land Lot 1287 of the 19th District and 2nd Section of Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point on the east line of Land Lot 1287, said point being marked by an iron pin located 749 feet, more or less, south of the northeast corner of said land lot; thence south along the east line of said land lot a distance of 348 feet to a point and iron pin; thence north 87 degrees west 685 feet to a point on the east side of Marietta-Austell Road;

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thence north along the east side of Marietta-Austell Road a distance of 258 feet to a point; thence east a distance of 200 feet to a point; thence north parallel with the Marietta-Austell Road a distance of 90 feet, more or less, to a point on the southerly line of the now or formerly D.L. Griffith property, said point being marked by an iron pin; thence east a distance of 485 feet, more or less, to the point of beginning, and being described in a Warranty Deed from Mrs. Gerda R. Kull to J.M. Beaird, dated December 26, 1952 and recorded in Deed Book 250, Page 65, Cobb County Records. Said above tract is described and contained in a plat of survey of the property of Mrs. Gerda R. Kull, dated October 9, 1946 and recorded in Plat Book 6, Page 129, Cobb County Records; and TRACT 12 All that tract or parcel of land lying and being in Land Lot 1287 of the 19th District, 2nd Section of Cobb County, Georgia, and being more particularly described as follows: BEGINNING at an iron pin on the Southeasterly side of Austell-Marietta Road, which iron pin is located 648.4 feet Southwesterly from the intersection of the Southeasterly side of Austell-Marietta Road and the North line of Land Lot 1287, as measured along the Southeasterly side of Austell-Marietta Road; running thence South 67 degrees and 00 minutes East a distance of 213.4 feet to an iron pin; running thence North 44 degrees 31 minutes East a distance of 60.6 feet; continuing thence North 44 degrees and 00 minutes East a distance of 199.8 feet to an iron pin; running thence South 84 degrees and 17 minutes East a distance of 222.2 feet to an iron pin on the East line of Land Lot 1287; running thence South 0 degrees and 21 minutes East along the East line of Land Lot 1287, a distance of 249 feet to an iron pin; running thence North 89 degrees and 53 minutes West a distance of 488.4 feet to an iron pin; running thence North 74 degrees and 10 minutes West a distance of 152.9 feet to an iron pin on the Southeasterly side of Austell-Marietta Road; running thence North 15 degrees and 00 minutes East along the Southeasterly side of Austell-Marietta Road a distance of 131.6 feet to an iron pin at the point of beginning, and being made in accordance with a plat of

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survey made by B. H. Cox, Surveyor, dated December 3, 1965. 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 1989 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Austell, approved March 28, 1986 (Ga. L. 1986, p. 4902), as amended; and for other purposes. This 2nd day of Jan., 1989. /s/ Fred Aiken CHUCK CLAY ROY BARNES HUGH RAGAN SALLIE NEWBILL SENATORS JACK VAUGHN HERMAN CLARK STEVE THOMPSON EARL ERHART GRESHAM HOWREN FRED AIKEN JOHNNY ISAKSON JOHNNY GRESHAM TOM WILDER BILL ATKINS REPRESENTATIVES GEORGIA, FULTON COUNTY

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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 6, 1989. /s/ Fred Aiken Representative, 21st District Sworn to and subscribed before me, this 9th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. FULTON COUNTY HOMESTEAD EXEMPTION; DISABILITY. No. 215 (House Bill No. 778). AN ACT To amend an Act providing an exemption for the full value of the homestead from all ad valorem taxes levied for Fulton County government purposes for each resident of said county who is 70 years of age or over or disabled, subject to certain income limitations, approved March 15, 1988 (Ga. L. 1988, p. 4034), so as to change the provisions relative to determination of disability; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing an exemption for the full value of the homestead from all ad valorem taxes levied for Fulton County government purposes for each resident of said county who is 70 years of age or over or disabled, subject to certain income limitations, approved March 15, 1988 (Ga. L. 1988, p. 4034), 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: (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 more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., relating 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. 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 1989 session of the General Assembly of Georgia a bill relative to a homestead exemption from ad valorem taxes levied for Fulton County govenment purposes; and for other purposes. This 13th day of January, 1989.

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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: February 6, 1989. /s/ Dick Lane Representative, 27th District Sworn to and subscribed before me, this 10th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989.

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DOWNTOWN SMYRNA DEVELOPMENT AUTHORITY CREATION. No. 216 (House Bill No. 780). AN ACT To create the Downtown Smyrna Development Authority; to provide for the appointment of the members of the authority and their terms of office; to authorize the authority to create one or more special tax districts; to authorize the authority to levy a tax; to provide for the powers of the authority; to authorize the authority to issue revenue bonds and for the validation thereof; 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. This Act may be cited as the Downtown Smyrna Development Authority Act. Section 2. Pursuant to an amendment to Article VII, Section VII, Paragraph I of the Constitution of 1945 (Ga. L. 1970, p. 1117) and now specifically continued pursuant to an Act approved March 18, 1986 (Ga. L. 1986, p. 3957), as authorized by Article XI, Section I, Paragraph IV of the Constitution of 1983, there is created in and for the City of Smyrna a body corporate and politic to be known as the Downtown Smyrna Development 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, plead and be impleaded, and complain and defend in all courts of law and equity, except that the authority or the trustee acting under any trust indenture shall in no event be liable for any torts committed by any of the officers, agents, and employees of the authority. The authority is 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.

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The authority shall consist of the mayor of the City of Smyrna and seven members who shall be appointed by the mayor and council of the City of Smyrna. The members of the authority shall be appointed to serve for a term of one year from the date of such appointment and until their successors shall have been selected and appointed, unless removed for cause under the rules of the authority. Any member of the authority may be selected and appointed to succeed each member. Immediately after such appointments, the members of such authority shall enter upon their duties. Any vacancy on the authority shall be filled in the same manner as was the original appointment of the member whose termination of membership resulted in such vacancy, and the person so selected and appointed shall serve for the remainder of the unexpired term. The authority shall elect one of its members as chairman and another member as vice-chairman, and it shall also elect a secretary and treasurer, who does not necessarily have to be a member of the authority and, if not a member of the authority, he or she shall have no voting rights. Four members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority. The members of the authority shall be reimbursed for all actual expenses incurred in the performance of their duties out of funds of the authority. The authority shall make rules and regulations for its own government. It shall have perpetual existence. Section 3. As used in this Act, the term: (1) Authority means the Downtown Smyrna Development 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, 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 year after completion of construction; the cost of engineering, architectural, fiscal, and legal expenses, and of plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project; and administrative expenses and such other expenses as may be necessary or incident to the financing of projects authorized

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in this Act, the construction 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 the proceeds of revenue bonds issued under the provisions of this Act for such project. (3) Geographical area of the authority means the area encompassed by the geographical limits as set forth in the first paragraph of Section 4. (4) Project means and includes the acquisition, construction, remodeling, altering, renovating, equipping, maintaining, and operating of buildings, both private and public, and the usual and convenient facilities appertaining to such undertakings and extension and improvement of such buildings; the acquisition of parking facilities or parking areas in connection therewith; the construction, reconstruction, alteration, changing, and closing of streets, roads, and alleys; the acquisition of the necessary property therefor, both real and personal; and the lease and sale of any part or all of such buildings, including real and personal property, so as to assure the efficient and proper development, maintenance, and operation of such buildings, streets, roads, and alleys deemed by the authority to be necessary, convenient, or desirable in connection therewith. (5) Revenue bonds, bonds, and obligations 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., 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. Section 4. The geographical limits within the City of Smyrna which shall be subject to the provisions of the constitutional amendment authorizing the creation of the authority shall be as follows: all that tract or parcel of land lying and being within the corporate limits of the City of Smyrna, as said corporate limits now exist and as same hereafter may be added to, extended, or changed. The authority is authorized and empowered to create by resolution one or more special tax districts within the geographical area of the authority.

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Section 5. The authority shall be authorized to levy upon all real property subject to taxation by the authority in any taxing district created by the authority within the geographical area of the authority on January 1 of each year, a tax not to exceed five mills upon the assessed value of all such property, according to the assessed value of such property for ad valorem tax purposes for the City of Smyrna. No taxes shall be levied by the authority for any purpose against owner occupied property used exclusively for residential purposes or property used primarily for educational purposes or property used as places of worship and related facilities. All taxes levied by the authority shall become due and payable at the same time as ad valorem taxes levied by the City of Smyrna. Delinquent taxes shall bear the same interest and penalties as City of Smyrna ad valorem taxes. Section 6. The authority shall have the power: (1) To buy, acquire, develop, improve, own, operate, maintain, sell, lease, and mortgage land, buildings, and property, both private and public, of all kinds and character, including but not limited to machinery, apparatus, equipment, and utilities useful or desirable in connection therewith within the geographical area of the authority; (2) To receive and administer gifts, grants, and donations, to administer trusts, and to enter into trust indentures; (3) To grant and loan any of its funds and to lease any of its property to private persons and corporations agreeing to operate and expand any commercial or business enterprise or establishment within the geographical area of the authority, which in the judgment of the governing body of the authority will be of benefit to the economic improvement and development of said geographical area; (4) To borrow money and issue notes, obligations, and revenue bonds therefor; to sell, convey, mortgage, pledge, and assign any and all of its funds, property, and income as security for the payment thereof and interest thereon; to secure the repayment of any such money so borrowed by the terms of the resolution authorizing such financing and to enter into a trust indenture relative thereto;

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(5) To appoint and employ officers, agents, and employees and to provide for their compensation in order to effectuate the purposes of this Act; (6) To encourage and promote the economic improvement, development, and rehabilitation within the geographical area of the authority and to make long-range plans therefor in cooperation with the planning developments of the City of Smyrna and Cobb County; (7) To accumulate its funds from such tax levy authorized in this Act from year to year and to invest and reinvest such funds; (8) To designate any of its officers to sign and act for the authority pertaining to the rights, powers, and privileges conferred in this Act; (9) To do any and all acts and things necessary, convenient, or desirable to accomplish the purpose of this Act and the rights, powers, and privileges conferred in this Act; (10) To contract with the City of Smyrna for the collection of any taxes levied by the authority; (11) To adopt such bylaws governing the conduct of the affairs of the authority and to elect such officers as the authority shall deem necessary; (12) To sue and be sued; (13) To adopt and amend a corporate seal; (14) To make and execute contracts and other instruments necessary or convenient to exercise the powers of the authority, including but not limited to contracts for construction of projects, leases of projects, contracts for sale of projects, and contracts with respect to the use of projects; (15) To finance by loan, grant, or lease and to construct, erect, purchase, acquire, own, repair, remodel, renovate, rehabilitate, maintain, extend, improve, sell, equip, expand, add to, operate, or manage projects and to pay the cost of any

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project from the proceeds of revenue bonds, notes, or other obligations of the authority or any other funds of the authority or from any contribution or loans by persons, corporations, partnerships, limited or general, or other entities, all of which the authority is authorized to receive and accept and use; (16) To borrow money to further or carry out its public purpose and to execute revenue bonds, notes, other obligations, leases, trust indentures, trust agreements, agreements for the sale of its revenue bonds, notes, or other obligations, loan agreements, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, and such other instruments as may be necessary or desirable, in the judgment of the authority, to evidence and secure such borrowing; (17) To issue revenue bonds, notes, or other obligations of the authority and use the proceeds thereof for the purpose of paying, or loaning the proceeds thereof to pay, all or any part of the cost of any project and otherwise to further or carry out the public purpose of the authority and to pay all costs of the authority incident to or necessary and appropriate to furthering or carrying out such purposes; (18) 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 provisions of this Act insofar as the same may be applicable; (19) To make application directly or indirectly to any federal, state, county, or municipal government or agency or to any other source, public or private, for loans, grants, guarantees, or other financial assistance in furtherance of the authority's public purpose, and to accept and use same upon such terms and conditions as are prescribed by the federal, state, county, or municipal government or agency or other source;

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(20) To enter into agreements with the federal government or any agency thereof to use in the performance of the authority's functions the facilities or the services of the federal government or any agency thereof in order to further or carry out the public purpose of the authority; (21) To contract for any period not exceeding 50 years with the State of Georgia, state institutions, or any municipality, county, or political subdivision of the state for the use by the authority of any facilities or services of the state or any such state institution, municipality, county, or political subdivision or for the use by any state institution or any municipality, county, or political subdivision of any facilities or services of the authority, provided that such contracts shall deal with such activities and transactions as the authority and any such political subdivision with which the authority contracts are by law authorized to undertake; (22) To extend credit or make loans to any person, corporation, partnership, limited or general, or other entity for the costs of any project or any part of the costs of any project, which credit or loans shall be evidenced or secured by loan agreements, notes, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, and such other instruments or by rentals, revenues, fees, or charges upon such terms and conditions as the authority shall determine to be reasonable in connection with such extension of credit or loans, including provision for the establishment and maintenance of reserves and insurance funds; and, in the exercise of powers granted by this paragraph in connection with any project, the authority shall have the right and power to require the inclusion in any such loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other instrument of such provisions for guaranty, insurance, construction, use, operation, maintenance, and financing of a project and such other terms and conditions as the authority may deem necessary or desirable; (23) As security for repayment of any revenue bonds, notes, or other obligations of the authority, to pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any property of the authority, real or personal, of the authority

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and to execute any lease, trust indenture, trust agreement, agreement for the sale of the authority's revenue bonds, notes, or other obligations, loan agreement, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other instrument as may be necessary or desirable in the judgment of the authority to secure any such revenue bonds, notes, or other obligations, which instrument may provide for foreclosure or forced sale of any property of the authority upon default in any obligation of the authority, either in payment of principal or interest or in the performance of any term or condition contained in any such instrument; (24) To exercise any power granted by the laws of the State of Georgia to public or private corporations which is not in conflict with the Constitution and laws of the State of Georgia; (25) To do all things necessary or convenient to carry out the powers expressly conferred by this Act. The powers enumerated in each paragraph of this section are cumulative with and in addition to those enumerated in the other paragraphs of this section, and no such power limits or restricts any other such power; and (26) To exercise all of the powers vested in the authority by the amendment to Article VII, Section VII, Paragraph I of the Constitution of 1945, as continued pursuant to an Act of the General Assembly (Ga. L. 1986, p. 3957), and all other necessary and ancillary powers necessary to carry out the provisions of said Paragraph as it pertains to the Downtown Smyrna Development Authority. Section 7. The revenue bonds or obligations authorized by this Act to be issued shall not be payable from, nor a charge upon, any funds of the city other than funds derived from the levy of taxes on real property located within the taxing district or districts created by the authority or other revenues derived from leases or contractual agreements relating to the project. Section 8. The authority is authorized to issue bonds, revenue bonds, notes, or other obligations from time to time to carry out the purposes of this Act. Revenue bonds, notes, or other obligations

Page 4390

so issued shall be paid solely from the revenues pledged to the payment thereof, which revenues may include any funds derived from the special tax levy provided in this Act. Such bonds, revenue bonds, notes, or other obligations shall be authorized by resolution of the governing body of the authority adopted at a regular or special meeting by a majority vote of the members of said governing body. The governing body of said authority, in determining the cost of any project for which bonds, revenue bonds, notes, or other obligations are to be issued, may include all costs relative to the issuance thereof and, without intending to limit such costs, may include architectural, engineering, inspection, fiscal agents, and legal expenses estimated to accrue from the date of any bonds, revenue bonds, notes, or other obligations through the period of construction and for six months after such construction; and such bonds, revenue bonds, notes, or other obligations shall bear such date or dates, mature at such time or times not exceeding 30 years from their respective dates, bear interest at such rate or rates, may be in such denominations, may carry such registration privileges, may be subject to redemption, and may contain such terms, covenants, assignments, and conditions as the resolution authorizing the issuance of such bonds, revenue bonds, notes, or other obligations may provide. Bonds, revenue bonds, notes, or other obligations and interest thereon so issued by said authority are declared to be tax exempt for any and all purposes. The terms, conditions, covenants, and provisions contained in any such resolution authorizing the issuance of such bonds, revenue bonds, notes, or other obligations shall bind said governing body then in office and its successors thereof, including any covenant to levy taxes within the limits prescribed in this Act for the purpose of providing such funds as may be necessary to pay the principal of and interest on any such issue or issues of bonds, revenue bonds, notes, or other obligations and to create and maintain a reserve for that purpose. Revenue bonds, but not notes or other obligations, issued by said authority shall be validated in the Superior Court of Cobb County in the same manner as revenue bonds of municipalities are validated as provided under Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law. There shall be no limitation upon the amount of revenue bonds, notes, or other obligations which the authority may issue. The interest rate or rates on or to be borne by any bonds, revenue bonds, notes, or other obligations issued by the authority shall be determined by the members of the authority and, with respect to any interest rate that floats in response to a variable, the method of calculation shall be fixed by the authority, and any limitations with respect to interest rates or any maximum interest

Page 4391

rate or rates found in the Revenue Bond Law, the usury laws of the State of Georgia, or any other laws of the State of Georgia shall not apply to bonds, revenue bonds, notes, or other obligations of the authority issued pursuant to this Act. The members of the authority shall constitute the governing body as that term is used in this Act. Section 9. In the event the authority shall issue its revenue bonds as bearer bonds, the bonds shall be signed manually by the chairman of the authority or by use of the facsimile signature of the chairman; the official seal of the authority shall be affixed thereto and attested by the secretary and treasurer of the authority; and any coupons attached thereto shall bear the facsimile signatures of the chairman and the secretary and treasurer of the authority. Any coupon may bear the facsimile signature of such persons and any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of the issuance of such bonds such persons may not have been so authorized or shall not have held such office. In the event that the authority shall issue its revenue bonds in a form other than bearer bonds, the bonds may be signed by the chairman of the authority and by the secretary and treasurer of the authority by use of the facsimile signatures of the chairman and of the secretary and treasurer, and the official seal of the authority may be affixed as a facsimile seal, provided that provision is also made for a manual authenticating signature on each such bond by or on behalf of a designated financial institution or other person, inside or outside the state, or a municipality with whom the authority has a contract to provide services with regard to: (1) The issuance, authentication, transfer, registration, exchange, and related mechanical and clerical functions; (2) Record or bookkeeping or book entry functions; (3) Preparation, signing, and issuance of checks or warrants in payment of bonds; (4) Preparation and maintenance of reports and accounts; and

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(5) Performance of any other duties related to bonds. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. Section 10. For purposes of validation of revenue bonds as provided under the Revenue Bond Law, the authority shall be considered to be located in the City of Smyrna, Cobb County, Georgia. Section 11. The authority may provide for the replacement of any bonds issued by it which shall be lost, mutilated, or destroyed. Section 12. In the discretion of the authority, any issue of bonds pursuant to this Act may be secured by a trust indenture by and between the authority and a trustee, which may be any trust company, any bank having the powers of a trust company inside or outside the state, any national banking association organized under the laws of the United States, or an individual. Such trust indenture may pledge or assign fees, tolls, revenues, rents, receipts, earnings, or other funds to be received by the authority, including the proceeds derived from the sale from time to time of any surplus property of the authority, either real or personal. The resolution providing for the issuance of such bonds or the trust indenture may set forth the rights and remedies of the bondholders and of the trustee and may prescribe the procedure by which bondholders may enforce their rights. Such resolution or trust indenture may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects satisfactory to the trustee or to the bondholders, and may also require that the security given by any contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such trustee or bondholders, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued pari passu with the revenue bonds initially issued pursuant to such resolution or trust indenture. It shall be lawful for any bank or trust company incorporated under the laws of this state or any national banking association organized under the laws of the United States to act as such depository and to furnish such security as may be required by the authority.

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All expenses incurred in connection with any such resolution or trust indenture may be treated as operating expenses of the authority. This section is illustrative and does not limit the types of instruments which may secure or provide for any issue of bonds or the terms and provisions which any resolution adopted by the authority or any instrument executed by the authority may contain. Any resolution adopted by the authority or any indenture of trust, trust agreement, or other instrument executed by the authority may contain such terms and provisions as the authority shall approve. Such approval of the authority shall be conclusively established by the execution of any such resolution, indenture of trust, trust agreement, or other instrument by the chairman or vice-chairman of the authority and the attestation of such execution by the secretary and treasurer or any assistant secretary of the authority. Nothing in this section or this Act shall be construed to require for any issue of revenue bonds a trustee or a trust indenture, trust agreement, or similar instrument. Section 13. In addition to and not in limitation of other powers granted in this Act as to the issuance of revenue bonds and security for such bonds, the authority shall have the power to enter into any financial and contractual arrangements which it deems appropriate with users or owners of projects in order to provide security to bondholders and for such purposes it may also enter into joint agreements, arrangements, or trust indentures with such users or owners and a trustee or trustees under any trust indenture in order that funds may be procured to accomplish the purposes of this Act. Section 14. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will adversely affect the interest and rights of the holders of such bonds. Section 15. All bonds of the authority issued under the provisions of this Act are declared to be issued for an essential public purpose and the said bonds and the income therefrom shall at all times be exempt from taxation within the state. Section 16. Any bonds or revenue bonds issued by the authority under the provisions of this Act are made securities in which all public officers and bodies of this state and all municipalities and all municipal subdivisions; all insurance companies and associations and other persons carrying on an insurance business; all banks,

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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 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 or revenue bonds of the authority 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 17. The purpose of the authority is declared to be an essential and public purpose, promoting the public good and welfare and benefiting the citizens within the geographical area of the authority and of the City of Smyrna. This Act shall be liberally construed to effect its purpose. Section 18. This Act shall apply to all outstanding or authorized and unissued bonds, notes, and other obligations, as well as all future bonds, notes, and other obligations. Any and all bonds, notes, or other obligations of the authority issued or validated prior to the effective date hereof are ratified and approved. Section 19. 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 purpose, and all such property is deemed to be public property and tax exempt. Section 20. 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.

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Section 21. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 22. 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 1989 session of the General Assembly of Georgia a bill to establish the Downtown Smyrna Development Authority, to provide powers of such authority, to provide limitations on such authority and for other purposes. This 2nd day of Jan. 1989. /s/ Fred Aiken CHUCK CLAY ROY BARNES HUGH RAGAN SALLIE NEWBILL SENATORS JACK VAUGHN HERMAN CLARK STEVE THOMPSON EARL ERHART GRESHAM HOWREN FRED AIKEN JOHNNY ISAKSON JOHNNY GRESHAM TOM WILDER BILL ATKINS REPRESENTATIVES

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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 6, 1989. /s/ Fred Aiken Representative, 21st District Sworn to and subscribed before me, this 9th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. TAYLOR COUNTY BOARD OF EDUCATION; COMPENSATION. No. 217 (House Bill No. 781). AN ACT To amend an Act to change the number of members of the board of education of Taylor County, approved April 17, 1975 (Ga. L. 1975, p. 3486), as amended, so as to provide for compensation for members of the board of education; 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 to change the number of members of the board of education of Taylor County, approved April 17, 1975 (Ga. L. 1975, p. 3486), as amended, is amended by inserting immediately following Section 1 a new Section 1A to read as follows: Section 1A. Members of the board of education shall receive a per diem of $150.00 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. The compensation of members of the board of education shall be paid only from the local tax funds available to the board of education. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the General assembly of Georgia a bill to amend an Act to change the number of members of the board of education of Taylor County, approved April 17, 1975 (Ga. L. 1975, p. 3486), as amended, so as to provide for compensation for the members of the board of education; and for other purposes. This 25th day of January, 1989. HONORABLE WARD EDWARDS Representative, 112th District

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GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ward Edwards, who, on oath, deposes and says that he 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 2, 1989. /s/ Ward Edwards Representative, 112th District Sworn to and subscribed before me, this 13th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. GLYNN COUNTY BOARD OF COMMISSIONERS; EXPENSE ALLOWANCE. No. 218 (House Bill No. 782). AN ACT To amend an Act creating a board of commissioners of Glynn County, approved February 11, 1937 (Ga. L. 1937, p. 1336), as amended, particularly by an Act approved March 30, 1987 (Ga. L.

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1987, p. 4908), so as to change 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 a board of commissioners of Glynn County, approved February 11, 1937 (Ga. L. 1937, p. 1336), as amended, particularly by an Act approved March 30, 1987 (Ga. L. 1987, p. 4908), is amended by striking the first unnumbered paragraph of Section 6, which reads as follows: The chairman shall receive an annual salary of $500.00 per month and an expense allowance of $250.00 per month. Each other member of the board shall receive an annual salary of $400.00 per month and an expense allowance of $200.00 per month., and inserting in its place the following: The chairman shall receive an annual salary of $6,000.00, payable in monthly installments, and an expense allowance of $350.00 per month. Each other member of the board shall receive an annual salary of $4,800.00, payable in monthly installments, and an expense allowance of $300.00 per month. Section 2. This Act shall become effective on July 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 1989 session of the General Assembly of Georgia a bill to amend an Act creating the board of commissioners of Glynn County, approved February 11, 1937 (Ga. L. 1937, p. 1336), as amended, so as to provide for expense accounts; and for other purposes.

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This 2nd day of February, 1989. WILLOU C. SMITH REPRESENTATIVE, DISTRICT 156 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Willou Smith, who, on oath, deposes and says that she is Representative from the 156th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Brunswick News which is the official organ of Glynn County, on the following date: February 4, 1989. /s/ Willou Smith Representative, 156th District Sworn to and subscribed before me, this 7th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989.

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CITY OF DOERUN MAYOR AND COUNCIL; ELECTIONS; TERMS. No. 219 (House Bill No. 786). AN ACT To amend an Act providing a new charter for the City of Doerun, approved April 28, 1975 (Ga. L. 1975, p. 4690), as amended, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmen; to provide for the authority for this Act; 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 Doerun, approved April 28, 1975 (Ga. L. 1975, p. 4690), as amended, is amended by striking Section 5.10 and inserting in its place a new Section 5.10 to read as follows: Section 5.10. Regular Elections. The terms of office of the two councilmen from posts one and two and the mayor in office on January 1, 1990, whose terms normally expire at the first organizational meeting in January, 1991, shall remain in office only until December 31, 1990, and until their successors are elected and qualified. On the Tuesday next following the first Monday in November of 1990, and biennially thereafter, two councilmen from posts one and two and the mayor shall be elected and shall serve for terms of office of two years and until their successors are elected and qualified. The terms of office of the three councilmen from posts three, four, and five in office on January 1, 1989, whose terms normally expire at the first organizational meeting in January, 1990, shall remain in office only until December 31, 1989, and until their successors are elected and qualified. On the Tuesday next following the first Monday in November of 1989, and biennially thereafter, three councilmen from posts three, four, and five shall be elected and shall serve for terms of office of two years and until their successors are elected and qualified. Any person to be elected to office must receive a majority of the votes. In the event no candidate receives the

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highest number of votes, the two candidates receiving the highest number of votes will be in a runoff 14 days after the regular election. In all elections, candidates must qualify for posts which they wish to occupy. The term of office of the mayor and each member of the council shall begin on the first day of January immediately following their election. Section 2. This Act is enacted pursuant to the authority provided for in subsection (c) of Code Section 21-3-64 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 1989 Session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Doerun, approved April 28, 1975 (Ga. L. 1975, p. 4690), as amended; and for other purposes. 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 Weekly Moultrie Observer which is the official organ of Colquitt County, on the following date: January 18, 1989. /s/ A. Richard Royal Representative, 144th District

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Sworn to and subscribed before me, this 24th day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. ROME-FLOYD COUNTY COMMISSION ON CHILDREN AND YOUTH CREATION. No. 220 (House Bill No. 789). AN ACT To create the Rome-Floyd 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 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 Rome-Floyd County Commission on Children and Youth. The commission shall be composed of 22 members as follows: (1) Three members to be appointed by the Floyd County legislative delegation to serve for initial terms of one year, which members shall be one from each of the following fields or professions: legislature, media, and child welfare;

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(2) Three members to be appointed by the juvenile court judge of Floyd County to serve for initial terms of one year, which members shall be one each from the fields of education, religion, and social work; (3) Three members to be appointed by the board of commissioners of Floyd County, which members shall be one commissioner from said board, one law enforcement officer, and one member at large, who shall each serve for an initial term of two years; (4) Three members to be appointed by the board of commissioners of the City of Rome, which members shall be one commissioner from said board, one law enforcement officer, and one member at large, who shall each serve for an initial term of two years; (5) One member to be appointed by the Rome Chamber of Commerce representing business or civic interests, who shall serve for an initial term of one year; (6) Two members to be appointed by the district medical director, District 1, Unit 1 of the Department of Human Resources, to serve for initial terms of one year; (7) Two members to be appointed by the director of the Coosa Valley Mental Health Center, which members shall be one substance abuse counselor and one mental health professional, to serve for initial terms of two years; (8) The district medical director, District 1, Unit 1 of the Department of Human Resources and the juvenile court judge of Floyd County; (9) One member to be appointed by the President of the Rome Central Labor Council to serve for an initial term of one year; (10) An attorney to be appointed by the Rome Bar Association to serve for an initial term of one year; and (11) One member who shall be the director of the Rome Boys Club or his designee, to serve for an initial term of one year.

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(b) Following the initial appointments, all appointments shall be made for terms of two years and until a successor is appointed and qualified. Members of the commission shall be eligible for reappointment. (c) 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 Rome-Floyd County Commission on Children and Youth shall be residents of Floyd 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. Section 2. After the appointments of all members, the full membership of the commission shall hold an organizational meeting as soon as practicable. The district medical director, District 1, Unit 1 of the Department of Human Resources shall be the chairperson from the membership who shall serve for a term of two years; thereafter, the members of the commission shall elect a chairperson from its membership. The members of the commission shall elect such other officers as it deems necessary from its membership at the organizational meeting. Section 3. The commission shall undertake a study of the needs, issues, and problems relating to children and youth. The commission shall gather data on issues related to children and youth; identify specific problems and areas of concern related to children and youth; propose solutions to problems and ways of ameliorating concerns; plan and implement programs to effectuate solutions; secure and expend funds for programs; identify and coordinate existing resources for dealing with problems of children and youth; and publicize and disseminate information relating to issues of children and youth. The commission may adopt such rules or procedures as it finds necessary or desirable for the governance of its operation. The members of the commission shall serve without compensation. Section 4. The commission is authorized to receive, accept, and expend funds from public or private sources for programs to benefit the children and youth of the City of Rome and Floyd 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.

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Section 5. The commission shall make an annual report on July 1 of each year of its findings and recommendations to be Floyd County legislative delegation, the juvenile court judge of Floyd County, the Board of Commissioners of Floyd County, the Board of Commissioners of the City of Rome, the Rome Chamber of Commerce, the director of the Coosa Valley Mental Health Center, the director of District 1 of the Department of Human Resources, and to any individual or group providing funds to the commission. Section 6. Each member of the commission shall be given the following oath to be administered by the senior judge of the Superior Court of Floyd County: Recognizing the fact that there are many social, economic, and educational issues that prevent our children from achieving their potential and desiring to play a part in improving these adverse conditions, I, , do solemnly swear that as a member of the Rome-Floyd County Commission on Children and Youth I will fulfill the duties and responsibilities of my appointment to the best of my ability. 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 1989 session on the General Assembly of Georgia a bill to create the Floyd County Commission on Children and Youth; and for other purposes. This 27th day of January, 1989. Honorable E. M. Childers Representative, 15th District

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GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. M. Childers, who, on oath, deposes and says that he 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 9, 1989. /s/ E. M. Childers Representative, 15th District Sworn to and subscribed before me, this 13th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. CITY OF PELHAM MAYOR AND COUNCIL; ELECTIONS; TERMS. No. 221 (House Bill No. 790). AN ACT To amend an Act providing a new charter for the City of Pelham, approved March 11, 1977 (Ga. L. 1977, p. 3034), as amended, so as to change the provisions relating to the time of election, taking of

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office, and terms of office of the mayor and council members; to provide for the authority for this Act; 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), as amended, is amended by striking Section 5.10 and inserting in its place a new Section 5.10 to read as follows: Section 5.10. Mayor and council election. (a) For the purpose of electing the members of the city council, the City of Pelham is divided into two districts to be known as District 1 and District 2. The dividing line between the districts shall be as follows: COMMENCING at the intersection of the west city limit boundary with Hand Avenue, run thence along Hand Avenue in an easterly direction to Mize Street, run thence in a northerly direction along Mize Street to A Street, run thence in an easterly direction along A Street to School Street, run thence in an easterly direction along School Street to Hurst Street, run thence in a southerly direction along Hurst Street to Church Street; run thence in a northerly direction along Church Street to Rome Street, run thence in a southerly direction along Rome Street to West Railroad Street, run thence in a southerly direction along West Railroad Street to Upson Street, run thence in an easterly direction along Upson Street to Glausier Street, run thence in a northerly direction along Glausier Street until said street intersects with northern city limits boundary. (b) All property lying to the north or west of the dividing line within the corporate boundaries shall be part of District 1. All property lying to the south or east of the dividing line within the corporate boundaries shall be part of District 2. Properties annexed into the corporate limits shall accordingly be classified as a portion of the respective district into which such properties fall based upon the line of demarcation.

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(c) Commencing with the election in 1987 and thereafter, the council shall be composed of seven members. Three council members shall be elected from District 1 and four council members shall be elected from District 2. Members of the council shall be elected for a term of two years and until their successors are elected and qualified. Only those persons residing within a district shall be qualified to vote for candidates for the city council from such district. (d) No person may qualify as a candidate for election to the council unless such person resides in the district from which he offers for election. A council member elected from a district must continue to reside in the district during the term of office. The mayor shall be a resident of the city. (e) The mayor, the council member from District 1, and the two council members from District 2 whose terms normally expire at the first organizational meeting in February, 1990, shall remain in office only until December 31, 1989, and until their successors are elected and qualified. On the Tuesday next following the first Monday in November, 1989, and biennially thereafter, the successors to such mayor, council member from District 1, and two council members from District 2 shall be elected and shall serve for a term of office of two years and until their successors are elected and qualified and shall take office on the first day of January immediately following their election. (f) The two council members from District 1 and the two council members from District 2 whose terms normally expire at the organizational meeting in February, 1991, shall remain in office only until December 31, 1990, and until their successors are elected and qualified. On the Tuesday next following the first Monday in November, 1990, and biennially thereafter, the successors to such two council members from District 1 and two council members from District 2 shall be elected and shall serve for a term of office of two years and until their successors are elected and qualified and shall take office on the first day of January immediately following their election. (g) (1) Pursuant to Code Section 21-3-95 of the O.C.G.A., elections for mayor and council members shall be nonpartisan and there shall be no municipal primary elections.

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(2) Pursuant to Code Section 21-3-407 of the O.C.G.A., elections for mayor and council members shall be by plurality vote. Section 2. This Act is enacted pursuant to the authority provided for in Code Section 21-3-64 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 hereby given by the City of Pelham that at the direction of said body there will be introduced at the Regular 1989 Session of the General Assembly of Georgia a bill to designate that the City of Pelham elected officials terms of office will be for a term of two (2) years; to provide for matter relative to the foregoing; to repeal conflicting laws; and for other purposes. This the 31st day of January 1989. A. Richard Royal A. Richard Royal, Representative House District NO. 144 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 Pelham Journal which is the official organ of Mitchell County, on the following date: February 2, 1989.

Page 4411

/s/ A. Richard Royal Representative, 144th District Sworn to and subscribed before me, this 7th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved march 30, 1989. WILKES COUNTY BOARD OF COMMISSIONERS; COMPENSATION; INSURANCE; ROAD SUPERINTENDENT. No. 222 (House Bill No. 791). AN ACT To amend an Act recreating the board of commissioners of Wilkes County, approved April 17, 1975 (Ga. L. 1975, p. 2979), as amended, so as to change the provisions relating to the compensation of the chairman and members of the board; to provide for participation in and receipt of certain benefits; to provide that the chairman shall be the road superintendent; 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 recreating the board of commissioners of Wilkes County, approved April 17, 1975 (Ga. L. 1975, p. 2979), as amended, is amended by striking Section 4 and inserting in its place a new Section 4 to read as follows:

Page 4412

Section 4. Chairman: Compensation; Duties. (a) The chairman of said board shall receive for his services the sum of $2,400.00 per year, payable monthly at the rate of $200.00. (b) Effective January 1, 1991, the chairman of said board shall not receive the salary provided for in subsection (a) of this section but in lieu thereof shall receive an annual salary of $33,000.00 to be paid in equal monthly installments from the funds of Wilkes County for the performance of his duties as chairman and as road superintendent. This salary shall be increased by the same percentage increase and at the same time as that received by the sheriff of Wilkes County from time to time. The chairman of said board shall, during his term of office, devote his full time to his duties as chairman and road superintendent. Section 2. Said Act is further amended by adding two new sections immediately following Section 4, to be designated Sections 4A and 4B, respectively, to read as follows: Section 4A. Board Members: Compensation. Each member of said board other than the chairman shall receive for his services the sum of $200.00 per month payable from the funds of Wilkes County. Section 4B. Board: Insurance. The chairman and each member of the board shall be entitled to participate in and receive group health and life insurance benefits in the same manner as provided for employees of the county. Section 3. Said Act is further amended by striking Section 6 and inserting in its place a new Section 6 to read as follows: Section 6. Road Superintendent. The chairman of the board of commissioners shall be the road superintendent and shall be responsible for making road surveys, investigation, discovery, analyzing road building materials, and building bridges and establishing and reestablishing roads. In order to enable the chairman to discharge his duties as road superintendent, the board of commissioners shall select and systematically employ an adequate work force of contract labor and prison labor and shall provide adequate machinery and equipment for the purpose of building new roads and maintaining existing public roads in said

Page 4413

county. In the employment of the work force, the board shall accept the recommendations of the road superintendent as to persons employed as members of the work force. Section 4. (a) Except as provided in subsection (b) of this section, this Act shall become effective on 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. (b) Section 3 of this Act shall become effective January 1, 1991. 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 1989 Session of the General Assembly of Georgia a bill to amend an Act re-creating the Board of Commissioners of Wilkes County, approved April 17, 1975 (Ga. Laws 1975, p. 2979), amended April 11, 1979 (Ga. Laws 1979, p. 3377); and for other purposes. This 2nd day of February, 1989. Edward D. Ricketson, Jr. Representative, 82nd District G. B. Pollard, Jr. Senator, 24th District 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

Page 4414

the official organ of Wilkes County, on the following date: February 9, 1989. /s/ Edward D. Ricketson, Jr. Representative, 82nd District Sworn to and subscribed before me, this 13th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. CITY OF MOUNTAIN PARK MAYOR AND COUNCILMEN; COMPENSATION. No. 223 (House Bill No. 794). AN ACT To amend an Act reincorporating the City of Mountain Park and creating a new charter for said city, approved March 30, 1982 (Ga. L. 1982, p. 3648), as amended, so as to change the provisions relating to the compensation of the mayor and councilmen; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act reincorporating the City of Mountain Park and creating a new charter for said city, approved March 30,

Page 4415

1982 (Ga. L. 1982, p. 3648), as amended, is amended by striking Section 2.13 in its entirety and inserting in lieu thereof a new Section 2.13 to read as follows: Section 2.13. Compensation and Expenses. (a) For service in public office, the mayor shall be paid a salary of $200.00 per month for regular or special session of council attended by said mayor, at which a quorum of members of council are present. (b) For service in public office, the mayor pro tempore shall be paid a salary of $100.00 per month for regular or special session of council attended by said mayor pro tempore, at which a quorum of members of council are present. (c) For service in public office, each member of council shall be paid a salary of $75.00 per month for regular or special session of council attended by said member, at which a quorum of members of council are present. 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 1989 session of the General Assembly of Georgia a bill to increase the salaries of elected officials of the City of Mountain Park, Georgia; to repeal conflicting laws; and for other purposes. This 8th day of February, 1989. Honorable Luther S. Colbert Representative 23rd District

Page 4416

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 10, 1989. /s/ Luther S. Colbert Representative, 23rd District Sworn to and subscribed before me, this 13th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. MUSCOGEE COUNTY PROBATE COURT; JUDGE; COMPENSATION. No. 224 (House Bill No. 797). AN ACT To amend an Act establishing the salary of the judge of the Probate Court of Muscogee County, approved February 6, 1952 (Ga. L. 1952, p. 2182), as amended, so as to change the salary of the judge

Page 4417

of the Probate Court of Muscogee 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 establishing the salary of the judge of the Probate Court of Muscogee County, approved February 6, 1952 (Ga. L. 1952, p. 2182), as amended, is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows: Section 1. The salary of the judge of the Probate Court of Muscogee County shall be $45,000.00 per annum. Section 2. This Act shall become effective July 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 HEREBY GIVEN THAT THERE WILL BE INTRODUCED AT THE REGULAR 1989 SESSION OF THE GENERAL ASSEMBLY OF GEORGIA, A BILL TO CHANGE THE COMPENSATION OF THE PROBATE JUDGE OF MUSCOGEE COUNTY, GEORGIA, TO PROVIDE AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. THIS 6TH DAY OF FEBRUARY, 1989. RUDY JONES PROBATE JUDGE MUSCOGEE COUNTY, GEORGIA GEORGIA, FULTON COUNTY

Page 4418

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-Enquirer which is the official organ of Muscogee County, on the following date: February 7, 1989. /s/ Thomas B. Buck III Representative, 95th District Sworn to and subscribed before me, this 10th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. COBB COUNTY BOARD OF COMMISSIONERS; COMPENSATION. No. 225 (House Bill No. 802). AN ACT To amend an Act creating a board of commissioners for Cobb County, Georgia, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, particularly by an Act approved March 30, 1987 (Ga. L. 1987, p. 4955), so as to change the compensation provisions relating to the members of the board of commissioners and the chairman of said board; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 4419

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a board of commissioners for Cobb County, Georgia, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, particularly by an Act approved March 30, 1987 (Ga. L. 1987, p. 4955), is amended by striking Section 8 in its entirety and inserting in lieu thereof a new Section 8 to read as follows: Section 8. Compensation. Commissioners, other than the chairman, shall be paid as their entire compensation for services as same the sum of $19,000.00 per annum, payable monthly, to be paid out of the county treasury upon warrants drawn upon the county treasury. The chairman shall receive as his entire compensation the sum of $34,000.00 per annum, payable monthly, also to be paid out of the county treasury upon warrants drawn upon the county treasury. Except as provided otherwise in this section, the salary so fixed shall constitute the entire compensation from all sources to which said chairman or any commissioner shall be entitled. The chairman and the commissioners may be reimbursed for reasonable expenses incurred in carrying out their duties. Such expenses shall include the following: (1) Mileage reimbursement for the use of a personal automobile while conducting county business; (2) Secretarial services, if required, over and above the services normally provided by the county; and (3) Travel and lodging expenses and fees incurred in conjunction with training seminars, conventions, or county business conducted outside of Cobb County. Expenses may be reimbursed only after the submission of receipts for said expenses to the county comptroller and the approval by majority vote of the commission at a regularly scheduled meeting. The chairman and commissioners shall be entitled to compensation for serving on any other boards or authorities for which their membership is provided by law.

Page 4420

On and after January 1, 1991, any increase in the compensation of a commissioner or the chairman which was in effect on the date the commissioner or chairman assumed the duties of office shall not be applicable to or payable to such commissioner or chairman until that person has served two years of that term of office. Section 2. This Act shall become effective on January 1, 1991. 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 1989 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Cobb County, Georgia approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075); and for other purposes. This 2nd day of Jan., 1989. /s/ Fred Aiken CHUCK CLAY ROY BARNES HUGH RAGAN SALLIE NEWBILL SENATORS
Page 4421

JACK VAUGHN HERMAN CLARK STEVE THOMPSON EARL ERHART GRESHAM HOWREN FRED AIKEN JOHNNY ISAKSON JOHNNY GRESHAM TOM WILDER BILL ATKINS 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 6, 1989. /s/ Johnny Isakson Representative, 21st District Sworn to and subscribed before me, this 1st day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989.

Page 4422

COBB COUNTY BOARD OF COMMISSIONERS; COUNTY PURCHASES. No. 226 (House Bill No. 803). AN ACT To amend an Act creating the board of commissioners for Cobb County, Georgia, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, particularly by an Act approved March 18, 1983 (Ga. L. 1983, p. 4283), so as to amend provisions relating to county purchases; 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 for Cobb County, Georgia, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, particularly by an Act approved March 18, 1983 (Ga. L. 1983, p. 4283), is amended by striking paragraph (6) of subsection (c) of Section 10B in its entirety and inserting in lieu thereof a new paragraph (6) to read as follows: (6) Supervise the performance of all contracts made by any person for work done for Cobb County and to supervise and regulate all purchases of materials and supplies for Cobb County within such limitations and under such rules and regulations as may be imposed by the board of commissioners, provided that the county manager is authorized to make purchases and contracts for the county in amounts not exceeding $5,000.00;. Section 2. Said Act is further amended by striking paragraph (18) of Section 11 in its entirety and inserting in lieu thereof a new paragraph (18) to read as follows:

Page 4423

(18) To make purchases in amounts over $5,000.00; provided, however, that, for any purchases in such amounts, advertisements for bids shall be first published for two consecutive weeks in the official organ of Cobb County. Formal, sealed bids, after said advertising has been published, must be obtained on all purchases of $5,000.00 or more. Advertisement and the obtaining of formal, sealed bids may be dispensed with when, in the discretion of the commission, an emergency exists which will not permit a delay. Section 3. Said Act is further amended by designating current paragraph (11) of Section 17 as paragraph (12) and by inserting a new paragraph (11) to read as follows: (11) Ensure that all purchases made by the county are in compliance with this Act and such rules and regulations as may be imposed by the board of commissioners; and. Section 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 INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia, a bill to amend an Act creating the Board of Commissioners of Cobb County, Georgia approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075); and for other purposes. This 2nd day of Jan., 1989.

Page 4424

/s/ Fred Aiken CHUCK CLAY ROY BARNES HUGH RAGAN SALLIE NEWBILL SENATORS JACK VAUGHN HERMAN CLARK STEVE THOMPSON EARL ERHART GRESHAM HOWREN FRED AIKEN JOHNNY ISAKSON JOHNNY GRESHAM TOM WILDER BILL ATKINS 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 6, 1989. /s/ Johnny Isakson Representative, 21st District Sworn to and subscribed before me, this 13th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989.

Page 4425

CITY OF VILLA RICA MAYOR AND COUNCIL; ELECTIONS; TERMS; WARDS. No. 227 (House Bill No. 804). AN ACT To amend an Act providing a new charter for the City of Villa Rica in Carroll and Douglas counties, approved April 25, 1975 (Ga. L. 1975, p. 4575), so as to change provisions relating to the election and terms of office of the mayor and councilmen; to provide for eligibility for office; to provide for dates of election, dates of taking office, and terms of office; to provide for wards from and by the voters of which councilmen shall be elected; to provide for election by majority vote; 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 providing a new charter for the City of Villa Rica in Carroll and Douglas counties, approved April 25, 1975 (Ga. L. 1975, p. 4575), is amended by striking Section 2.11 and inserting in its place a new section to read as follows: Section 2.11. Qualifications for Office. (a) No person shall be eligible to serve as mayor or councilman unless he shall have been a resident of the city for a period of not less than one year immediately prior to the date of the election of mayor or members of the council and shall continue to reside therein during his period of service and shall be registered and qualified to vote in municipal elections of the City of Villa Rica, 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.

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(b) No person shall be eligible as a candidate for the office of councilman or to remain in office as a councilman, unless he shall reside in the ward for which he is elected. Section 2. Said Act is further amended by striking Section 5.10 and inserting in its place a new section to read as follows: Section 5.10. Elections; Terms of Office. (a) The mayor and councilmen in office on the effective date of this section shall serve for the remainder of the terms for which they were elected, such terms of office to expire as follows: (1) Mayor and councilmen representing wards 1 and 2: terms expiring December 31, 1989; and (2) Councilmen representing wards 3 and 4 and at-large councilman: terms expiring December 31, 1990. (b) At the general municipal election in 1989 there shall be elected a mayor and councilmen to represent wards 1 and 2. Such officers shall serve for terms to expire December 31, 1991; and their successors shall be elected at the general municipal election in 1991 and quadrennially thereafter for terms of four years. (c) At the general municipal election in 1990 there shall be elected councilmen to represent wards 3, 4, and 5. Such officers shall serve for terms to expire December 31, 1993; and their successors shall be elected at the general municipal election in 1993 and quadrennially thereafter for terms of four years. (d) All elections for the office of mayor shall be by the voters of the entire city. Each election for the office of councilman shall be by only the voters of the ward the councilman is to represent. All elections shall be by a majority of the votes cast. (e) All general municipal elections shall be held on the Tuesday after the first Monday in November. (f) Persons newly elected as mayor or councilman at any general municipal election shall take office on January 1 next following the election.

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(g) The mayor and all councilmen shall serve for the terms specified in this section and until their successors are elected and qualified. (h) The boundaries of the five wards for elections for councilmen held after the effective date of this section shall be as specified in Appendix B of this Act, which appendix is incorporated by reference as a part of this section and Section 2.11 of this Act. Section 3. Said Act is further amended by striking Appendix B and inserting in its place a new Appendix B to read as follows: APPENDIX B Description of Ward Boundaries For purposes of electing councilmen, the city shall be divided into five wards described as follows: Ward 1: Beginning at the intersection of the southern right-of-way of the Norfolk Southern Railroad with the eastern boundary of the 1.5 mile radius city limits; thence southward and southwestward along the curvature of the 1.5 mile radius city limits to the northern right-of-way of Pool Road; thence southeastward along the northern right-of-way of Pool Road to its intersection with the northern right-of-way of Hudson Road; thence southwestward along said northern right-of-way of Hudson Road to its intersection with the eastern right-of-way of Liberty Road; thence northward along the eastern right-of-way of Liberty Road to the 1.5 mile radius city limits; thence southwestward along the curvature of said city limits to the county line dividing Douglas County from Carroll County; thence southward along said county line to the northern right-of-way of Reed Road; thence generally west-northwestward along the northern right-of-way of Reed Road to its intersection with the eastern land lot line of Land Lot 128 of the 6th District of Carroll County; thence northward along said land lot line to its intersection with the eastern right-of-way of South Wilson Street; thence northward along said right-of-way of South Wilson Street crossing Interstate Highway 20 along the former right-of-way of South Wilson Street and continuing northward along the eastern right-of-way of East Wilson Street to its intersection with the eastern right-of-way of Stone Street; thence northeastward along said Stone

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Street right-of-way to the eastern right-of-way of Church Street; thence northwestward along said Church Street right-of-way to the eastern right-of-way of North Avenue; thence northward along said North Avenue right-of-way to the southern right-of-way of Elm Drive; thence eastward and northward along said Elm Drive right-of-way to its intersection with the eastern right-of-way of North Avenue; thence northward along said right-of-way of North Avenue to its intersection with the southern right-of-way of Old Stone Road; thence eastward along said Old Stone Road right-of-way to its intersection with the western right-of-way of Punkintown Road; thence southward along said Punkintown Road right-of-way to its intersection with the southern right-of-way of Conners Road; thence eastward along said Conners Road right-of-way to its intersection with the 1.5 mile radius city limits; thence southward along said city limits to the southern right-of-way of the Norfolk Southern Railroad. Ward 2: Beginning at the intersection of the northern right-of-way of U. S. Highway 78 with the western land lot line of Land Lot 165 of the 6th District of Carroll County; thence running northward along said western land lot line and along the western land lot lines of Land Lots 188, 197, and 220, said district and county to the northwestern corner of said Land Lot 220; thence eastward along the northern land lot lines of Land Lot 220 and 221 to the intersection of the northern land lot line of Land Lot 221 with the western right-of-way of Rockmart Road; thence southeastward along said Rockmart Road right-of-way to its intersection with the western right-of-way of Oak Street; thence southwestward along said Oak Street right-of-way to its intersection with the western right-of-way of North Dogwood Street; thence southward along said North Dogwood Street right-of-way to its intersection with the northern right-of-way of U. S. Highway 78; thence westward along said U. S. Highway 78 right-of-way to its intersection with the western right-of-way of Hillcrest Drive; thence southward along said Hillcrest Drive right-of-way to its intersection with the northern right-of-way of Leslie Drive; thence westward and northward along said Leslie Drive right-of-way to the northern right-of-way of U. S. Highway 78; thence westward along said U. S. Highway 78 right-of-way to its intersection with the western land lot line of Land Lot 165 of the 6th District of Carroll County.

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Ward 3: Beginning at the intersection of the southern right-of-way of U. S. Highway 78 with the eastern right-of-way of Hillcrest Drive; thence southward along said Hillcrest Drive right-of-way to the northern right-of-way of South Candler Street; thence eastward along said South Candler Street right-of-way to its intersection with the eastern right-of-way of South Dogwood Street; thence southward along said South Dogwood Street right-of-way to its intersection with the northern right-of-way of South Carroll Road; thence northeastward along said South Carroll Road right-of-way to its intersection with the eastern right-of-way of Spring Street; thence southward along said Spring Street right-of-way to its intersection with the northern right-of-way of Sunset Drive; thence northeastward along said Sunset Drive right-of-way to its intersection with the western right-of-way of East Wilson Street; thence northward along said East Wilson Street right-of-way to its intersection with the northern right-of-way of Stone Street; thence northeastward along said Stone Street right-of-way to its intersection with the western right-of-way of Church Street; thence northwestward along said Church Street right-of-way to its intersection with the western right-of-way of North Avenue; thence northward along said North Avenue right-of-way to the northern right-of-way of Elm Drive; thence eastward and northward along said Elm Drive right-of-way to its intersection with the western right-of-way of North Avenue; thence northward along said North Avenue right-of-way to its intersection with the southern right-of-way of Old Stone Road; thence westward along said Old Stone Road right-of-way to its intersection with the western right-of-way of Walker Street; thence northward along said Walker Street right-of-way to its intersection with the southern right-of-way of Old Town Road; thence southwestward along said Old Town Road right-of-way to Rockmart Road; thence across Rockmart Road southwestward along the eastern right-of-way of Oak Street to its intersection with the eastern right-of-way of North Dogwood Street; thence southward along said North Dogwood Street right-of-way to its intersection with the southern right-of-way of U. S. Highway 78; thence westward along said U. S. Highway 78 right-of-way to the eastern right-of-way of Hillcrest Drive. Ward 4: Beginning at the intersection of the eastern right-of-way of Rockmart Road with the northern land lot line of Land Lot 221 of the 6th District of Carroll County; thence eastward along the northern land lot lines of Land Lots 221, 222, 223, and

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224 to the western land lot line of Land Lot 209 of the 2nd District of Carroll County; thence northward along the western land lot line of said Land Lot 209 to the northwest corner of Land Lot 209; thence eastward along the northern land lot line of Land Lot 209 to the county line dividing Douglas County from Carroll County; thence southward along said county line to the southern right-of-way of Stockmar Road; thence generally eastward 1172.5 feet along said Stockmar Road right-of-way to a point; thence South 1 degree 17 minutes East, 1100 feet to a point; thence North 74 degrees 29 minutes East, 220 feet to a point; thence North 1 degree 18 minutes West 1100 feet to a point on the southern right-of-way of Stockmar Road; thence generally northeastward along the curvature of said right-of-way 695.4 feet to a point; thence North 2 degrees 30 minutes 28 seconds East, 1782.19 feet to a point; thence North 88 degrees 27 minutes 52 seconds East, 2515 feet to a point; thence North 88 degrees 24 minutes 26 seconds East, 1190.13 feet to a point at the centerline of Stockmar Road; thence southward along the centerline of Stockmar Road to its intersection with the southern right-of-way of Brewer Road; thence eastward along said Brewer Road right-of-way to its intersection with the eastern land lot line of Land Lot 205 of the 2nd District of Douglas County; thence southward along said land lot line to the southeastern corner of Land Lot 205; thence eastward along the northern land lot line of Land Lot 180 to the northwestern corner of Land Lot 181; thence South 89 degrees 26 minutes East along said land lot line 1320 feet to a point; thence South 00 degrees 17 minutes 20 seconds West 1584 feet to a point; thence North 88 degrees 53 minutes 05 seconds West 459.5 feet to a point; thence South 01 degree 04 minutes 05 seconds East 1773.4 feet to an iron pin on the southern land lot line of Land Lot 181; thence westward along the southern land lot lines of Land Lots 181 and 180 to the southwest corner of Land Lot 180; thence westward 522.3 feet along the southern land lot line of Land Lot 179 to a point; thence South 01 degree 00 minutes East 1136.3 feet to a point; thence South 54 degrees 23 minutes West 524.3 feet to a point; thence South 35 degrees 37 minutes East 219.3 feet to a point on the southern right-of-way of Conners Road; thence eastward along said Conners Road right-of-way 1790.5 feet to a point; thence South 00 degrees 51 minutes East 1819.6 feet to a point on the southern land lot line of Land Lot 173 of the 2nd District of Douglas County; thence westward along said land lot line to the southwestern corner of Land Lot 173; thence S 01 degree 00 minutes East to the northern right-of-way

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of the Norfolk Southern Railroad; thence westward along said railroad right-of-way to the 1.5 mile radius city limits; thence northward along the curvature of said city limits to the southern right-of-way of Conners Road; thence westward along said Conners Road right-of-way to its intersection with the eastern right-of-way of Punkintown Road; thence northward along said Punkintown Road right-of-way to its intersection with the northern right-of-way of Old Stone Road; thence westward along said Old Stone Road right-of-way to its intersection with the eastern right-of-way of Walker Street; thence northward along said Walker Street right-of-way to its intersection with the northern right-of-way of Old Town Road; thence southwestward along Old Town Road right-of-way to its intersection with the eastern right-of-way of Rockmart Road; thence northwestward along said Rockmart Road right-of-way to its intersection with the northern land lot line of Land Lot 221 of the 6th District of Carroll County. Ward 5: Beginning at the intersection of the southern right-of-way of Reed Road with the county line dividing Douglas County from Carroll County; thence southward along said county line to the southeastern corner of Land Lot 112 of the 2nd District of Carroll County; thence westward along the southern land lot line of said land lot and along the southern land lot lines of Land Lots 97, 98, 99, 100, and 101 of the 6th District of Carroll County to the southwestern corner of said Land Lot 101; thence northward along the western land lot line of said Land Lot 101 and along the western land lot lines of Land Lots 124, 133, 156, and 165 of said district and county to the intersection of the western land lot line of Land Lot 165 with the southern right-of-way of U. S. Highway 78; thence eastward along said U. S. Highway 78 right-of-way to its intersection with the western right-of-way of Leslie Drive; thence southward along said Leslie Drive right-of-way to its intersection with the eastern right-of-way of Hillcrest Drive; thence along said Hillcrest Drive right-of-way to the southern right-of-way of South Candler Street; thence along said South Candler Street right-of-way to its intersection with the western right-of-way of South Dogwood Street; thence along said South Dogwood Street right-of-way to its intersection with the southern right-of-way of South Carroll Road; thence northeastward along said South Carroll Road right-of-way to its intersection with the western right-of-way of Spring Street; thence southward along said Spring Street right-of-way to its

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intersection with the southern right-of-way of Sunset Drive; thence eastward along said Sunset Drive right-of-way to the western right-of-way of East Wilson Street; thence southward along said East Wilson Street right-of-way and crossing Interstate Highway 20 along the former western right-of-way of East Wilson Street and continuing southward along the western right-of-way of South Wilson Street to its intersection with the eastern land lot line of Land Lot 128 of the 6th District of Carroll County; thence southward along said eastern land lot line to the southern right-of-way of Reed Road; thence eastward and southeastward along said Reed Road right-of-way to the county line dividing Douglas County from Carroll County. Section 4. All laws and parts of laws in conflict with this Act are repealed. LEGAL NOTICE NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that legislation will be introduced into the General Assembly of the State of Georgia to amend the City Charter of the City of Villa Rica to provide for the election of members of the City Council by residents of the specific wards from which individual council members are elected, to designate new geographical boundaires for such wards, and for other purposes. Charles A. Thomas, Jr. Representative District 65 Wayne Garner Senator District 30 GEORGIA, FULTON COUNTY

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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 Douglas County Sentinel which is the official organ of Douglas County, on the following date: January 17, 1989. /s/ Charles Thomas Representative, 69th District Sworn to and subscribed before me, this 13th day of February, 1989. /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 hereby given that legislation will be introduced into the General Assembly of the State of Georgia to amend the City Charter of the City of Villa Rica to provide for the election of members of the City Council by residents of the specific wards from which individual council members are elected, to designate new geographical boundaires for such awards, and for other purposes. Charles A. Thomas, Jr., Representative District 65. Wayne Garner, Senator District 30. GEORGIA, FULTON COUNTY

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Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles A. Thomas, Jr. 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 17, 1989. /s/ Charles A. Thomas, Jr. Representative, 69th District Sworn to and subscribed before me, this 9th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. UNADILLA ARENA AND TOURISM AUTHORITY CREATION. No. 228 (House Bill No. 805). AN ACT To create the Unadilla Arena and Tourism Authority; to authorize the authority to acquire, construct, improve, equip, alter, repair, operate, and maintain public projects in Unadilla, Georgia, embracing buildings and facilities to be used for amusement, recreational, civic, cultural, and educational purposes, including fairs, livestock shows, athletic contests, games, agricultural events, expositions,

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exhibits, conventions, public meetings or gatherings, concerts, theater, and such other activities as are designed and intended to promote tourism, and to acquire, construct, and equip all property and things necessary or convenient for the purpose of such projects; to confer powers and impose duties on the authority; to designate the members of the authority; to authorize the authority and the various political subdivisions of the state to execute leases and contracts for the use of such projects and facilities; to authorize the issuance of revenue bonds of the authority payable from the revenues, rents, charges, fees, and earnings of other funds of the authority to pay the cost of such projects; to authorize the collecting and pledging of revenues and other funds and assets of the authority for the payment of such bonds and for the cost of operating, maintaining, and repairing such projects; to authorize the execution of trust and security instruments and encumbrances of the authority's property to secure the payment of such bonds; to provide rights for the owners of such bonds; to provide that such bonds shall not constitute a debt of the state nor of any political subdivision thereof; to exempt the revenue bonds and the interest thereon along with all property of the authority from taxation; to authorize the issuance of refunding bonds; to provide for validation of such bonds and the security therefor; to fix the venue and jurisdiction of actions relating to any provisions of this Act; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Declaration of need. It is declared that there exists in Unadilla, Georgia, a need for an authority to function without profit in developing and promoting tourism for the public good in this state and for the cultural growth, public welfare, education, and recreation of the people of Unadilla, Georgia, and of this state. Section 2. Creation of authority. There is created a public body corporate and politic to be known as the Unadilla Arena and Tourism Authority, which shall be deemed a political subdivision of the State of Georgia and a public corporation by that name. Section 3. Purpose. The purpose of the authority and any funds realized by said authority shall be expended for the development and promotion in Unadilla, Georgia, and in this state of public

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projects for the cultural growth, public welfare, education, and recreation of the people of Unadilla, Georgia, 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, to be used for amusement, recreational, civic, cultural, or educational purposes or a combination thereof, including fairs, livestock shows, athletic contests, games, agricultural events, expositions, exhibitions, conventions, public meetings or gatherings, concerts, theater; and for such other activities as are designed and intended to promote tourism; and for the purchase of lands, easements, rights in land, and franchises for the construction of such facility or facilities and for use in connection therewith. Section 4. Members. (a) The authority shall consist of seven members, one of whom shall be the current mayor of the City of Unadilla, or his designee, and six of whom shall be appointed by the city council of the City of Unadilla immediately upon the effective date of this Act. The initial members shall be appointed for the following terms: Mayor of the City of Unadilla, or his designee, for a term to coincide with the mayor's term of office; Two members for a one-year term; Two members for a three-year term; Two members for a four-year term. Thereafter, all appointments shall be for terms of four years, except that the appointment of any person selected to fill any unexpired term at any time shall be only for the remainder of such term. Each member shall hold office until his successor has been appointed and qualified and shall be eligible to succeed himself. (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 and a treasurer, or a secretary-treasurer, who may but need not necessarily hold membership on the authority. Such officers shall serve for such terms as shall be prescribed by the rules of the authority or until their successors are elected and qualified.

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(c) Four members of the authority shall constitute a quorum, and no vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority at every meeting, but in every instance the affirmative vote of at least four 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. (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 and technical supervisors, assistants, and experts and any other agents and employees, temporary or permanent, as it may require. The members of the authority shall be accountable in all respects as trustees, and the authority shall keep suitable books and records of all its obligations, contracts, transactions, and undertakings and of all income and receipts of every nature and of all expenditures of every kind. Section 5. Public property. It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of Unadilla, Georgia, and of this state, and that the authority is an institution of purely public charity, and all property of said authority is declared and shall in all respects be considered to be public property and title to such property shall be held by the authority only for the benefit of the public, and the use of such property pursuant to the terms of this Act shall be and is 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. Section 6. 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

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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, and to administer trusts, and to sell, lease, transfer, convey, appropriate, pledge, mortgage, or encumber all of its property and assets; (4) To borrow money for any of its corporate purposes and to issue notes or 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 notes or revenue bonds and to provide for the payment of the same and for the rights of the owners 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, of 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 or acquisition, in Unadilla, Georgia, of a building or buildings, which shall be and are declared to be public buildings, to be used

Page 4439

for amusement, recreational, civic, cultural, or educational purposes or a combination thereof, including fairs, livestock shows, athletic contests, games, agricultural events, expositions, concerts, theater, and such other activities as are designed and intended to promote tourism; and to purchase lands, easements, right in lands, and franchises for the construction of such facility or facilities and for use in connection therewith, the cost of any such project to be paid in whole or in part from the proceeds of the sale of revenue bonds of the authority, and the title to such property to be held by the authority only for the benefit of the public; (7) To issue revenue bonds as authorized, defined, and provided for in this Act and in Article 3 of Chapter 82 of 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) 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.

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Section 7. Powers 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 of Chapter 82 of 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 8. Credit of state not pledged. Revenue bonds issued under provisions of this Act shall not constitute a debt or a pledge of the faith and credit of Unadilla, 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, and 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 9. 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 10. Contracts for use of projects. The authority may contract with any political subdivision or political subdivisions of this state for the payment of rents, fees, and charges for the use by the political subdivisions or the residents thereof of the project or projects and facilities of the authority or by the authority for the use

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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 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 11. Revenue bonds. 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 of Chapter 82 of 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

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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 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 such bonds. Section 12. 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 cost authorized by said 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 or of said authority: (1) To pay the cost of operating, maintaining, and repairing the project or projects, including reserves for insurance and extraordinary repairs and other reserves required by the resolution or trust agreement or indenture pertaining to such bonds and the issuance thereof, unless such cost shall be otherwise provided for; (2) To pay the principal 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 of Chapter 82 of Title 36 of the O.C.G.A., known as the Revenue Bond Law; (3) To comply with any sinking fund requirements contained in the resolution or trust agreement or indenture pertaining to the issuance of and security for such bonds; (4) To perform fully all provisions of such resolution or trust agreement or indenture relating to the issuance of or security for such bonds to the payment of which such rental is pledged;

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(5) To accumulate any excess income which may be required by the purchasers of such bonds or which may be 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) To pay any expenses in connection with such bond issue or such project or projects including but not limited to trustees, counsel, and fiscal fees. (b) 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 contract may provide for the payment of rental charges during such times as the project or projects may be partially or wholly untenantable. (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

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required by the terms of the resolution or trust agreement or indenture relating to the issuance of and security for such bonds. (g) The use and disposition of the authority's revenue shall be subject to the provisions of the resolution authorizing the issuance of such bonds or of the trust agreement or indenture, if any, securing the same. Section 13. Sinking fund. 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. 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 applied to the purchase or redemption of bonds

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and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not be reissued, printed, or delivered. Section 14. 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 15. Trust agreement. In the discretion of the authority, any issue of revenue bonds may be secured by a trust agreement or indenture made by the authority with a corporate trustee which may be any trust company or bank having the powers of a trust company 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 bond owners, 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 rights 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 or trust agreement or indenture may set forth the rights and remedies of the bond owners and of the trustee and may restrict the individual right of action of any bond owner as is customary in securing bonds and

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debentures of corporations and may contain such other provisions as the authority may deem reasonable and proper for the security of the bond owners. 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 16. 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 Dooly 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 17. Validation of bonds. All bonds of the authority shall be confirmed and validated in the Superior Court of Dooly County in accordance with the procedure of Article 3 of Chapter 82 of 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 Dooly 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 said 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 the time prescribed by law or, if filed, the judgment of the Superior Court of Dooly 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.

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Section 18. 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 owners 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 owners of such bonds. The provisions of this Act shall be for the benefit of the state, the authority, and every owner 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 owners of such bonds. Section 19. 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 bond owners 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 20. Construction. This Act, being for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes hereof. Section 21. 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 of Chapter 82 of 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 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. 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

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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 23. Effective date. This Act shall be effective immediately upon its approval by the Governor or upon its becoming law without such approval. Section 24. Repealer. All laws and parts of law in conflict with this Act are hereby repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill providing for the creation of the Unadilla Arena and Tourism Authority, providing for all related matters, repealing conflicting laws, and for other purposes. This 1st day of February, 1989. D. C. Shugart Mayor City of Unadilla GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard H. Rainey, who, on oath, deposes and says that he is Representative from the 135th District, and that the attached copy of Notice of Intention to Introduce

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Local Legislation was published in the Vienna News-Observer which is the official organ of Dooly County, on the following date: February 9, 1989. /s/ Howard H. Rainey Representative, 135th District Sworn to and subscribed before me, this 13th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. PULASKI COUNTY DEPUTY SHERIFFS; COMPENSATION; NUMBER. No. 229 (House Bill No. 806). AN ACT To amend an Act placing the sheriff of Pulaski County upon an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2612), as amended, particularly by an Act approved March 18, 1986 (Ga. L. 1986, p. 3850), so as to change the salary provisions relating to deputy sheriffs; to provide for an additional deputy sheriff; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1. An Act placing the sheriff of Pulaski County upon an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2612), as amended, particularly by an Act approved March 18, 1986 (Ga. L. 1986, p. 3850), 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 sheriff shall have the authority to appoint five deputy sheriffs. Any person serving as a deputy sheriff on the effective date of this section shall receive a salary of $1,200.00 per month. Any person who becomes a deputy sheriff after the effective date of this section shall receive an initial salary of $1,000.00 per month; provided, however, that, after the expiration of six months, any such deputy sheriff shall receive a salary of $1,050.00 per month. Effective January 1, 1989, and on that date each year thereafter, the deputy sheriffs shall receive a cost-of-living increase. The cost-of-living increase shall be in an amount equal to 5 percent of the salary received from the preceding 12 months. The governing authority of Pulaski County and the sheriff are authorized to appoint two part-time deputy sheriffs who shall be compensated in an amount not to exceed $5,400.00 per year. Compensation of the deputy sheriffs shall be payable from the funds of Pulaski County. It shall be within the sole power and authority of the sheriff, during his respective term of office, to designate, name, and appoint the persons who shall be employed as deputies and to prescribe their duties and assignments and to remove or replace the deputies at will and within his sole discretion. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION NOTICE IS HEREBY GIVEN that I will introduce a bill to the 1989 General Assembly of Georgia to provide for the employment and compensation of one (1) additional deputy sheriff for Pulaski County.

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This 6th day of February, 1989. 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 Dispatch and News which is the official organ of Pulaski County, on the following date: February 9, 1989. /s/ Newt Hudson Representative, 117th District Sworn to and subscribed before me, this 14th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989.

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WILCOX COUNTY BOARD OF EDUCATION; ELECTIONS; DISTRICTS; LOCAL CONSTITUTIONAL AMENDMENT REPEALED. No. 230 (House Bill No. 807). AN ACT To provide for the continuing existence of the Wilcox County School District and the Wilcox County board of education; to provide for the election of the members of the board; to provide for election procedures, qualifications, and terms; to provide for education districts; to provide for vacancies; to provide for legislative intent; to repeal that constitutional amendment providing for the election of members of the board of education of Wilcox County (Res. Act No. 115; HR 235-908d; Ga. L. 1952, p. 543, as amended by Res. Act No. 222; HR 515-989, Ga L. 1962, p. 1092, and as previously continued in effect by an Act approved February 18, 1987; Ga. L. 1987, p. 3580); to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. It is the intention of this Act to conform the statutory law governing the Wilcox County School District and the Wilcox County board of education with the orders entered by 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, which orders currently govern the composition of the board, and to implement a permanent plan governing the composition of the board. Section 2. The Wilcox County School District and the Wilcox County board of education, as they existed immediately prior to the effective date of this Act, shall continue in existence as provided for in this Act; and the board of education as provided for in this Act shall be in all respects a continuation of and successor in interest to the board of education as provided for under prior law. Section 3. The Wilcox County School District shall be divided into five education districts and each district shall be entitled to one member on the Wilcox County board of education. Such districts shall be constituted and bounded as follows:

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Education 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. Education 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;

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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. Education 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. Education 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

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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. Education 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 eastern boundary of Wilcox County which is the run of the Ocmulgee River; thence in a generally northwesterly direction along the eastern boundary of Wilcox County to the point of beginning.

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Section 4. (a) The members of the board of education in office on the effective date of this Act shall serve for the remainder of the unexpired terms for which they were elected, such terms to expire as follows: (1) Education Districts Nos. 1, 3, and 5: December 31, 1990; and (2) Education Districts Nos. 2 and 4: December 31, 1992. (b) Successors to represent Education Districts Nos. 1, 3, and 5 shall be elected at the November, 1990, general election and quadrennially thereafter for terms of four years. Successors to represent Education Districts Nos. 2 and 4 shall be elected at the November, 1992, general election and quadrennially thereafter for terms of four years. (c) Each newly elected member of the board shall take office on January 1 next following his or her election and shall serve for the appropriate term of office and until his or her successor is elected and qualified. (d) Candidates for each education 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 district voting in such election. Elections to the school board shall be conducted on a partisan basis in the same manner as elections to the Wilcox County board of commissioners. Section 5. Should a vacancy occur on the board of education by death, resignation, or otherwise, the judge of the probate court of the county shall call for a special election to be held not less than 30 days nor more than 60 days from the date the vacancy arose for the purpose of filling such vacancy; provided, that should a vacancy occur on the board and the unexpired term of such vacant seat be six months or less, the judge or judges of the Superior Court of Wilcox County shall appoint a successor from the district in which the vacancy exists to fill the unexpired term. Section 6. That constitutional amendment providing for the election of members of the board of education of Wilcox County (Res. Act No. 115; HR 235-908d; Ga. L. 1952, p. 543, as amended by

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Res. Act No. 222; HR 515-989, Ga L. 1962, p. 1092, and as previously continued in effect by an Act approved February 18, 1987; Ga. L. 1987, p. 3580), is repealed in its entirety. Section 7. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LEGISLATION Notice is hereby given that there will be introduced at the regular 1989 Session of the General Assembly of Georgia a bill to amend the boundaries of the County School Board Districts, precinct boundaries and method of election of County School Board Members of Wilcox County; to provide for related matters; and for other purposes. This 24th day of January, 1989. DAVID E. MORGAN, III SCHOOL BOARD ATTORNEY WILCOX COUNTY, GEORGIA 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 26, 1989. /s/ Newt Hudson Representative, 117th District

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Sworn to and subscribed before me, this 14th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. WILCOX COUNTY BOARD OF COMMISSIONERS; ELECTIONS; TERMS; DISTRICTS; OATH; VACANCIES. No. 231 (House Bill No. 808). 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, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4273), 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. It is the intention of this Act to conform the statutory law governing the Wilcox County board of commissioners with the orders entered by 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, which orders currently govern the composition of the board, and to implement a permanent plan governing the composition of the board.

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Section 2. An Act creating the Board of Commissioners of Wilcox County, approved March 24, 1939 (Ga. L. 1939, p. 782), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4273), is amended by repealing in its entirety said amendatory Act approved March 24, 1988. Section 3. Said Act is further 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

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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. 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

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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. 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

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Wilcox County; thence east along the southern boundary of Wilcox County to the point of beginning. 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 eastern boundary of Wilcox County which is the run of the Ocmulgee River; thence in a generally northwesterly direction along the eastern boundary of Wilcox County to the point of beginning. Section 4. 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) The members of the board of commissioners in office on the effective date of this section shall serve for the remainder of the unexpired terms for which they were elected, such terms to expire as follows: (1) Commission Districts Nos. 1, 3, and 5: December 31, 1990; and (2) Commissioner Districts Nos. 2 and 4: December 31, 1992.

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(b) Successors to represent Commissioner Districts Nos. 1, 3, and 5 shall be elected at the November, 1990, general election and quadrennially thereafter for terms of four years. Successors to represent Commissioner Districts Nos. 2 and 4 shall be elected at the November, 1992, general election and quadrennially thereafter for terms of four years. (c) Each newly elected commissioner shall take office on January 1 next following his or her election and shall serve for the appropriate term of office and until his or her successor is elected and qualified. (d) 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 district voting in such election. (e) 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 my knowledge and ability without fear or affection to any person, firm, or corporation, so help me God.' (f) 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 5. Said Act is further amended by striking Section 5 and inserting in its place a new Section 5 to read as follows:

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Section 5. Should a vacancy occur on the board of commissioners by death, resignation, or otherwise, the judge of the probate court of the county shall call for a special election to be held not less than 30 days nor more than 60 days from the date the vacancy arose for the purpose of filling such vacancy; provided, that should a vacancy occur on the board and the unexpired term of such vacant seat be six months or less, the judge or judges of the Superior Court of Wilcox County shall appoint a successor from the district in which the vacancy exists to fill the unexpired term. 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 1989 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 13 day of January, 1989. Thomas E. Pujadas County Attorney Wilcox County, Georgia 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 19, 1989.

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/s/ Newt Hudson Representative, 117th District Sworn to and subscribed before me, this 14th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. BEN HILL COUNTY CORONER PLACED ON SALARY; DEPUTY CORONER. No. 232 (House Bill No. 656). AN ACT To place the coroner of Ben Hill County on a salary in lieu of the fee system of compensation; to provide for a deputy coroner and a salary for the deputy coroner; to provide for the payment of such compensation; to provide that fees; costs, commissions, allowances, moneys, and other emoluments and perquisites shall become the property of the county; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The coroner of Ben Hill County is placed on a salary in lieu of the fee system of compensation. The coroner shall be compensated in the amount of $100.00 per month. Such compensation shall be paid on the first day of each month from the funds of the

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county and shall be in lieu of all fees, costs, commissions, allowances, moneys, emoluments, and perquisites of whatever kind which shall be allowed the coroners of the various counties of this state. All such fees, costs, commissions, allowances, moneys, emoluments, and perquisites shall become the property of Ben Hill County and shall be paid into the county treasury at least once each month. Section 2. The coroner of Ben Hill County is authorized to appoint a person to serve as deputy coroner at the pleasure of the coroner. Such deputy coroner shall perform such duties as directed by the coroner and as authorized by the laws of this state. Such deputy coroner shall be compensated in the amount of $50.00 per month. Such compensation shall be paid on the first day of each month from the funds of the county and shall be in lieu of all fees, costs, commissions, allowances, moneys, emoluments, and perquisites of whatever kind which shall be allowed the deputy coroners of the various counties of this state. All such fees, costs, commissions, allowances, moneys, emoluments, and perquisites shall become the property of Ben Hill County and shall be paid into the county treasury at least once each month. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 4. All laws and parts of laws in conflict with this Act are repealed. AFFIDAVIT OF PUBLISHER OF NEWSPAPER GEORGIA, BEN HILL COUNTY. Before me personally appeared GERALD W. PRYOR, who being duly sworn deposes and says that he is the Publisher of the Herald-Leader and that the same is a public gazette published in the City of Fitzgerald and Ben Hill County, Georgia. It is the newspaper in which is published the Sheriff's sales of said County of Ben Hill and said state. Deponent further sayeth that the following notice attached hereto:

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Public Notice Notice of Intention to Introduce Local Legislation Notice is hereby given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to place the Coroner and Deputy Coroner of Ben Hill County, Georgia, on a salary basis in lieu of any and all other compensation or fees and for other purposes. This 12th day of January, 1989. /a/ John D. Bishop, III /s/ JOHN D. BISHOP, III, Chairman Board of Commissioners Ben Hill County, Georgia has been published in said Herald-Leader, to-wit: January 18, 1989, being one publication of said notice and petition issued on dates aforesaid respectfully. /s/ GERALD W. PRYOR - Publisher Sworn and subscribed before me this 27 day of January, 1989. /s/ Mary Jane Goodman Notary Public Commission expires 2-7-91 (SEAL) Approved March 30, 1989.

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ELBERT COUNTY BOARD OF COMMISSIONERS; COMPENSATION; EXPENSES. No. 233 (House Bill No. 685). AN ACT To amend an Act providing a board of commissioners for the County of Elbert, approved February 27, 1875 (Ga. L. 1875, p. 253), as amended, particularly by an Act approved September 25, 1883 (Ga. L. 1882-83, p. 509), an Act approved August 11, 1913 (Ga. L. 1913, p. 385), an Act approved August 16, 1920 (Ga. L. 1920, p. 514), an Act approved February 16, 1943 (Ga. L. 1943, p. 960), an Act approved February 3, 1949 (Ga. L. 1949, p. 133), an Act approved December 12, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2319), an Act approved March 10, 1959 (Ga. L. 1959, p. 2627), an Act approved February 27, 1962 (Ga. L. 1962, p. 2319), an Act approved March 3, 1965 (Ga. L. 1965, p. 2115), an Act approved February 24, 1967 (Ga. L. 1967, p. 2054), an Act approved March 27, 1972 (Ga. L. 1972, p. 2473), an Act approved April 11, 1979 (Ga. L. 1979, p. 4557), an Act approved April 6, 1981 (Ga. L. 1981, p. 4120), and an Act approved February 13, 1986 (Ga. L. 1986, p. 3598), so as to change the salary, compensation, per diem, and expenses of the chairman and other members of the Board of Commissioners of Elbert County; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing a board of commissioners for the County of Elbert, approved February 27, 1875 (Ga. L. 1875, p. 253), as amended, particularly by an Act approved September 25, 1883 (Ga. L. 1882-83, p. 509), an Act approved August 11, 1913 (Ga. L. 1913, p. 385), an Act approved August 16, 1920 (Ga. L. 1920, p. 514), an Act approved February 16, 1943 (Ga. L. 1943, p. 960), an Act approved February 3, 1949 (Ga. L. 1949, p. 133), an Act approved December 12, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2319), an Act approved March 10, 1959 (Ga. L. 1959, p. 2627), an Act approved February 27, 1962 (Ga. L. 1962, p. 2319), an Act approved March 3, 1965 (Ga. L. 1965, p. 2115), an Act approved February 24, 1967 (Ga. L. 1967, p. 2054), an Act approved March 27, 1972 (Ga. L. 1972, p. 2473), an Act approved April 11, 1979 (Ga. L. 1979, p. 4557), an Act

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approved April 6, 1981 (Ga. L. 1981, p. 4120), and an Act approved February 13, 1986 (Ga. L. 1986, p. 3598), is amended by striking subsection (c) of Section 1B thereof, as amended, particularly by an Act approved February 13, 1986 (Ga. L. 1986, p. 3598), and by substituting in its place a new subsection to read as follows: (c) (1) The members of the board, other than the chairman, shall receive a salary in the amount of $200.00 per month. Beginning the first day of January, 1990, and the first day of January each year thereafter, the monthly salary amount to be received for that calendar year by each such member of the board shall be the monthly salary amount received by each member of the board, other than the chairman, for the immediately preceding calendar year but increased by any cost of living increase received by employees in the classified service of the state merit system for that same immediately preceding calendar year. That cost of living increase shall be determined pursuant to paragraph (2) of subsection (a) of Code Section 15-16-20, relating to cost of living salary increases for sheriffs, unless that general law is amended so that sheriffs no longer receive salary increases determined by cost of living increases received by employees in the classified service of the state merit system. In the event of such amendment, that cost of living increase in the salary of such members of the board shall be the highest percentage cost of living increase received by employees in the classified service of the merit system for the immediately preceding calendar year. (2) In addition to their salary, members of the board, other than the chairman, shall also receive the sum of $50.00 for each day or any part thereof spent in attendance upon any special or called meeting of the board, or while meeting and traveling within or outside the state as a member of a committee of the board on official business, where authorized and approved by the board, plus reimbursement for actual, reasonable expenses for travel, lodging, and meals incurred in connection therewith. (3) The salary, per diem, and expenses provided for in this subsection shall be payable from the funds of Elbert County.

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(4) This subsection shall not apply to the chairman of the board. Section 2. Said Act is further amended by striking Section 2 thereof, as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 4557), and substituting in its place a new section to read as follows: Section 2. The Chairman of the Board of Commissioners of Elbert County shall receive an annual salary which shall be equal to $2,000.00 above the annual salary now or hereafter received by the elective county officer of Elbert County who receives the highest annual salary pursuant to the minimum salary schedules according to population prescribed by general law applicable to the county offices of clerk of the superior court, sheriff, judge of the probate court and tax commissioner, but in no event to be less than the annual salary received by such other elective county officer receiving the highest salary of said officers at the time this section became effective. Such salary for the chairman shall be paid in equal monthly installments from the funds of Elbert County. The chairman shall also receive reimbursement for reasonable, actual expenses incurred for travel, meals, and lodging incurred in traveling within or outside the state on official business of the county. The salary received by the chairman of the board of commissioners pursuant to this section, shall not be used as the basis of determining the compensation of any other officer or official of Elbert County under any other local or general law now in effect. Section 3. This Act shall become effective July 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 hereby that there will be introduced in the regular 1989 session of the General Assembly a bill to amend an Act entitled An Act to provide a board of commissioners for the county of

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Elbert, approved February 27, 1875 (Ga. Laws 1875, p. 253), as amended, particularly by acts approved April 11, 1979 (Ga. Laws 1979 Vol. II, p. 4557), and February 13, 1986 (Ga. Laws 1986 Vol. II, p. 3598), so as to revise and increase the salaries of the Chairman and members of the Board of Commissioners of Elbert County; to provide for actual expenses incurred by said officials when an official business; to provide for per diem of board members other than the Chairman when attending special or called meetings and while on official business; to provide an effective date; to repeal conflicting laws; and for other purposes. This January 30, 1989. /s/ Charles W. Yeargin Charles W. Yeargin Representative, Fourteenth District AFFIDAVIT Elbert County TO WHOM IT MAY CONCERN: This is to certify that the legal notice attached hereto has been published in the: THE ELBERTON STAR-THE ELBERT BEACON Newspaper, legal organ for Elbert County the following dates, to-wit: February 2, 1989. Sworn to on the 2nd day of February, 1989. /s/ Linton S. Johnson, II EDITOR GENERAL MANAGER

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Sworn to and subscribed to before me on the 2nd day of February, 1989. /s/ Mary C. Taylor Notary Public (SEAL) Approved March 30, 1989. CITY OF KENNESAW CORPORATE LIMITS. No. 234 (House Bill No. 998). 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 corporate limits of the city; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, is amended by adding at the end of Section 1.02 the following: The corporate limits of the City of Kennesaw shall also include the following described parcels and tracts of land: All that tract or parcel of land lying and being in Land Lots 126 and 127 of the 20th District, Second Section of Cobb County, Georgia, and containing 3.4 acres and shown on plat of survey by J. P. Phillips, Registered Surveyor, dated September 4, 1958 and recorded in Plat Book 18, Page

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106, Cobb County Records and being more particularly described as follows: BEGINNING at an iron pin that is at the corner of this tract of land and is also 398 feet north 5 degrees 00 minutes west on an iron pin that is located on the north side of Rutledge Road; running thence north 5 degrees 00 minutes west along the land of E. F. Noland 670 feet to an iron pin on the line of the property now or formerly known as the William A. and Mary E. Heidelberg Subdivision; thence southwesterly along the William A. Heidelberg and Mary F. Heidelberg Subdivision line 619 feet to an iron pin; thence southeasterly for a distance of 109 feet to an iron pin; thence southwesterly 287.5 feet to an iron pin and corner; thence easterly along the north line of property now or formerly owned by Dilmus Smith for a distance of 396 feet to the point of beginning. All that tract or parcel of land lying and being in Land Lots 126 and 127, 20th District, 2nd Section, Cobb County, Georgia, being Lots No. 3, 4, 5, 6, 7, and 8 of a Plat of Survey of the Michael Heights Subdivision, recorded in Plat Book 29, Page 53, and filed May 11, 1964, in the Cobb County, Georgia Real Estate Records. Said land conveyed being composed of six (6) continuous lots fronting on the west side of Cathey Lane, N. W., and said lots having addresses as shown on the above referenced plat as being 3049 Cathey Lane, 3061 Cathey Lane, 3073 Cathey Lane, 3085 Cathey Lane, 3097 Cathey Lane and 3111 Cathey Lane. The plat of survey of the Michael Heights Subdivision filed May 11, 1964, in Plat Book 29, Page 53, is incorporated in and made a part of this warranty deed. All that tract or parcel of land lying and being in Land Lot 127 of the 20th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point on the southeasterly side of Rutledge Road, formerly known as Cassville Road, said point being 260 feet southwest as measured along the southeasterly side of Rutledge Road from the intersection of the southeasterly side of Rutledge Road the the westerly side of Arnold Road; running thence southwesterly along the southeasterly

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side of Rutledge Road 124 feet to a point; thence southeasterly 219 feet ot a point on the westerly side of Arnold Road; thence north along the west side of Arnold Road, 124 feet to a point; thence northwest along the southerly property line of property now or formerly owned by Earl Grady Arnold, 147 feet to a point on the southeasterly side of Rutledge Road, being the point of beginning. Excepted from the above described property is that portion lying within the right-of-way of Rutledge Road. All that tract or parcel of land lying and being in Land Lot 167 of the 20th District, 2nd Section, Cobb County, Georgia, as per plat of survey thereof, by Frank L. Boyd, Surveyor, dated May 18, 1970, and being more particularly described as follows: BEGINNING at an iron pin at the corner formed by the intersection of the southwesterly right of way of U. S. Highway 41 and the southeasterly right of way of W A Railroad; running thence southwesterly along the southeasterly right of way of W A Railroad a distance of 337 feet to an iron pin on the southerly land lot line of Land Lot 167; running thence easterly along the southerly land lot line of Land Lot 167, 457 feet to an iron pin on the southwesterly right of way of U. S. Highway 41, running thence northwesterly along the southwesterly right of way of U. S. 41 a distance of 397 feet to an iron pin at the southeasterly right of way of W A Railroad and point of beginning. All that tract or parcel of land lying and being in Land Lot 127, 20th District, 2nd Section, Cobb County, Georgia, and being fully shown on plat made for Norman R. Westerdsale by Roy C. Hogan, surveyor, dated April, 1972, and being more particularly described as follows: BEGINNING at an iron pin located on the southeasterly side of Rutledge Road 586 feet southwesterly from the centerline of Old 41 Highway; thence running south 74 degrees 26 minutes east for a distance of 204.75 feet to an iron pin; thence running south 0 degrees 57 minutes east for a distance of 103.86 feet to an iron pin; thence running north 74 degrees 01 minutes 40 seconds west for a distance of 255.93 feet to an iron pin located on the southeasterly side of

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Rutledge Road; thence running northeasterly along the southeasterly side of Rutledge Road for a distance of 100.13 feet to the point of beginning. Also: All that tract or parcel of land lying and being in Land Lot 27, 20th District, 2nd Section, Cobb County, Georgia, and being more fully shown on plat made for Norman R. Westerdale by Roy C. Hogan, surveyor, dated April, 1972, and being more particularly described as follows: BEGINNING at an iron pin located on the southeasterly side of Rutledge Road 686.13 feet southwesterly from the centerline of Old 41 Highway; thence running south 74 degrees 10 minutes 40 seconds east for a distance of 255.93 feet to an iron pin; thence running south 0 degrees 57 minutes east for a distance of 103.87 feet to an iron pin; thence running northwesterly for a distance of 313.74 feet to an iron pin located on the southeasterly side of Rutledge Road; thence running northeasterly along the southeasterly side of Rutledge Road for a distance of 100.13 feet to the point of beginning. All that tract or parcel of land lying and being in Land Lot 167 of the 20th District, 2nd Section, Cobb County, Georgia as shown on plat of survey by Johnny R. Knight, Registered Land Surveyor, dated January 25, 1984 which said plat is specifically incorporated herein by reference and which said plat is recorded in Plat Book 113, page 9, Cobb County Records and said land being more particularly described as follows: BEGINNING at the intersection formed by the South side of the Old Dixie Highway and the East right-of-way line of the N. C. St. L. Railroad; thence running South 50 degrees 15 minutes East for a distance of 225.00 feet to an iron pin and corner; thence running South 34 degrees, 53 minutes West for a distance of 544.05 feet to an iron pin and corner; thence running North 54 degrees, 14 minutes West for a distance of 154.68 feet to an iron pin located on the East right-of-way of the N.C. St. L. Railroad right-of-way; thence running Northerly along said right-of-way for a

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distance of 1375.10 feet to an iron pin being the Point of Beginning. All that tract or parcel of land lying and being in Land Lot 165 of the 20th District, 2nd Section, Cobb County, Georgia, as per survey by Thomas M. Ginn, Registered Land Surveyor, dated December 1972, and being more particularly described as follows: BEGINNING at an iron pin on the southeasterly side of Pine Mountain Road at its intersection with the East Line of Land Lot 165; thence South 0 degrees 04 minutes 08 seconds West along the East Line of Land Lot 165 a distance of 200.0 feet to an iron pin; thence South 0 degrees 03 minutes 00 seconds East along the East Line of Land Lot 165 a distance of 551.63 feet to an iron pin situated on the northeasterly line of property now or formerly owned by Joe M. Watson (which iron pin is located 290.5 feet north as measured along the East line of Land Lot 165 from the center of a creek): thence North 55 degrees 11 minutes 56 seconds WEst along the northeasterly line of property now or formerly owned by Joe M. Watson a distance of 455.86 feet to an iron pin situated on the southeasterly side of Pine Mountain Road (which iron pin is located 852 feet northeasterly as measured along the southeasterly side of Pine Mountain Road from the center of a creek); thence North 38 degrees 25 minutes 12 seconds East along the southeasterly side of Pine Mountain Road a distance of 408.31 feet to an iron pin; thence North 35 degrees 02 minutes 18 seconds East along the southeasterly side of Pine Mountain Road a distance of 209.61 feet to an iorn pin at the point of beginning. All that tract or parcel of land lying and being in Land Lot 127 of the 20th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at the fork of the Cassville Road and the Arnold Road at an iron stob; thence along the Cassville Road a southwesterly direction a distance of 260 feet to an iron stob; thence east 147 feet to an iron stob on the Arnold Road; thence north along the Arnold Road 273 feet to the place of beginning.

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All that tract or parcel of land lying and being in Land Lot 127 of the 20th District, 2nd Section, Cobb County, Georgia, as per survey by Fred E. Pitts, Registered Land Surveyor, and being more particularly described as follows: TO ARRIVE AT THE TRUE POINT OF BEGINNING, begin at the common corner formed by Land Lots 126, 127, 140 and 141; thence in an easterly direction along the line dividing Land Lots 127 and 140 a distance of 556 feet to a point and corner; thence in a northerly direction a distance of 779 feet to an iron pin AT THE TRUE POINT OF BEGINNING (said iron pin also being located at the southeast corner of Lot 14 of Michael Heights Subdivision as shown on plat recorded in Plat Book 29, Page 53); thence in a northerly direction along the easterly line of Lots 13 and 14 of Michael Heights Subdivision a distance of 150.0 feet to an iron pin and corner; thence southeasterly at an interior angle of 71 degrees 14 minutes with the course last mentioned a distance of 542.5 feet to an iron pin; thence southeasterly at an interior angle of 167 degrees 51 minutes with the course last mentioned a distance of 98 feet to an iron pin situated on the northwesterly side of Rutledge Road; thence southwesterly at an interior angle of 88 degrees 10 minutes with the course last mentioned along the northwesterly side of Rutledge Road a distance of 150.0 feet to an iron pin; thence in a northwesterly direction a distance of 553.5 feet to an iron pin at the point of beginning. All that tract or parcel of land lying and being in Land Lot 212 of the 20th District, 2nd Section Cobb County, Georgia and being 3.87 acres as shown on plat of survey for Shady Grove Rest Home, Inc. prepared by Michael C. Martin, Registered Land Surveyor, dated August 30, 1988 and being more particularly described as follows: BEGINNING at a point on the northeasterly right-of-way line of Old 41 Highway (a 60 foot right-of-way) said point being the point formed by the intersection of the northeasterly right-of-way line of said Old 41 Highway and the center line of Stanley Road if said center line were extended to intersect the northeasterly right-of-way line of said highway; running thence southeasterly along the northeasterly right-of-way line of said highway 159.00 feet to a

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point, said point being the true point of beginning. From said true point of beginning thus established; running thence north 87 degrees 56 minutes 29 seconds east 506.85 feet to an iron pin; running thence south 54 minutes 20 seconds east 319.00 feet to an iron pin; running thence south 76 degrees 46 minutes 05 seconds west 470.90 feet to an iron pin; running thence south 76 degrees 46 minutes 05 seconds west 194.11 feet to an iron pin on the northeasterly right-of-way line of Old 41 Highway; running thence northwesterly along the northeasterly right-of-way line of said highway the following courses and distances; north 19 degrees 37 minutes 23 seconds west 202.86 feet north 18 degrees 45 minutes 36 seconds west 40.94 feet north 16 degrees 44 minutes 29 seconds west 53.19 feet north 15 degrees 12 minutes 55 seconds west 51.86 feet to an iron pin, said iron pin being the true point of beginning. All that tract or parcel of land lying and being in Land Lot 207 and 212 of the 20th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows: BEGINNING at a point formed by the intersection of the south line of Land Lot 207 and the northeasterly right-of-way line of Old 41 Highway (a 60 foot right-of-way); running thence northwesterly along the northeasterly right-of-way line of said highway 80 feet to an iron pin; running thence north 88 degrees 45 minutes east 270.2 to an iron pin; running thence southeasterly along an old fence line and the centerline of Old Dixie Highway 227.8 feet to an iron pin; running thence north 89 degrees 50 minutes west 408.8 feet to an iron pin on the northeasterly right-of-way line of Old 41 Highway; running thence northwesterly along the northeasterly right-of-way line of said Old 41 Highway 68.7 feet to a point, said point being the point of beginning. All that tract or parcel of land lying and being in Land Lot 91 of the 20th District, 2nd Section Cobb County, Georgia and being shown on plat of survey for Joseph Robert Pracko, dated December 30, 1982, prepared by Daniel N. Barfield, Registered Land Surveyor and being more particularly described as follows:

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BEGINNING at an iron pin located at the intersection of the southerly right-of-way line of Baker Road and the east line of Land Lot 91 of the aforesaid District and Section; running thence southerly along the east line of said Land Lot 190.0 feet to an iron pin; running thence westerly 145 feet to an iron pin; running thence northerly 182.66 feet to an iron pin on the southerly right-of-way line of Baker Road; running thence easterly along the southerly right-of-way line of Baker Road 150.0 feet to an iron pin at the intersection of the southerly right-of-way line of Baker Road the the east line of Land Lot 91 of the aforesaid District and Section, said iron pin being the point of beginning. All that tract or parcel of land lying and being in Land Lot 131 of the 20th District, 2nd Section, Cobb County, Georgia, more particularly described as follows: Beginning at a point 1417.99 feet east of the southwest corner of Land Lot 131, thence north 00 degrees 15 minutes east 766.94 feet to a point on the southeasterly side of Ben King Road; thence north 74 degrees 21 minutes east 156.07 feet to a point; thence continuing along the generally southerly side of Ben King Road and following the curvature thereof 217.75 feet to a point; thence south 82 degrees 14 minutes east 236.74 feet to a point located on the southwesterly side of Ben King Road; thence south 14 degrees 28 minutes west 194.46 feet to a point; thence southerly 66 degrees 22 minutes east 121.37 feet to a point; thence south 19 degrees 10 minutes west 610.71 feet to a point on the south line of Land Lot 131; thence continuing westerly along said south line north 87 degrees 19 minutes west 466.52 feet to the point of beginning. Said property is bounded on the north by Ben King Road, on the west by the Cobb County Board of Education land, on the east by lands of Oliver and S. E. Boyd and on the south by Land Lot 136. This is part of the land conveyed in a 112 acre more or less tract at Deed Book 56, Page 51, dated October 28, 1916 and recorded October 30, 1916. All that tract or parcel of land lying and being in Land Lot 165, 20th District, Cobb County, Georgia, being 5.02 acres, as per survey prepared for Scott Sasser, Jr. by Gaskins Hogan Surveying Co., dated August 25, 1978, and being more particularly described as follows:

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BEGINNING at an iron pin on the northwesterly side of Pine Mountain Road 3,404.2 feet northeasterly, as measured along the northwesterly side of Pine Mountain Road, from the intersection of the northwesterly side of Pine Mountain Road with the center line of Ellis Road; run thence north 38 degrees 40 minutes 44 seconds west along the northeasterly line of property now or formerly owned by A. D. Alexander a distance of 398.12 feet to an iron pin; run thence south 64 degrees 42 minutes 12 seconds west along the southeasterly line of said Alexander property a distance of 190.00 feet to an iron pin; run thence north 24 degrees 38 minutes 42 seconds west along the northeasterly line of said Alexander property a distance of 540.56 feet to an iron pin; run thence north 01 degrees 43 minutes 47 seconds east along the easterly line of said Alexander property a distance of 331.97 feet to an iron pin; run thence south 88 degrees 16 minutes 13 seconds east along the southerly line of said Alexander property a distance of 260.00 feet to an iron pin and property now or formerly owned by P. W. and S. H. Dick; run thence south 01 degrees 43 minutes 47 seconds west along the westerly line of said Dick property a distance of 300.00 feet to an iron pin; run thence south 25 degrees 25 minutes 17 seconds east along the southwesterly line of said Dick property a distance of 202.11 feet to an iron pin and property now or formerly owned by K. E. Hardy; run thence south 24 degrees 48 minutes 38 seconds east along the southwesterly line of said Hardy property a distance of 377.01 feet to an iron pin; run thence south 38 degrees 40 minutes 44 seconds east along the southwesterly line of said Hardy property a distance of 253.00 feet to an iron pin on the northwesterly side of Pine Mountain Road; run thence southwesterly along the northwesterly side of Pine Mountain Road a distance of 29.01 feet to an iron pin and the point of beginning; being improved property having a house located thereon known as 2475 Pine Mountain Road according to the present system of numbering houses in Cobb County, Georgia. All that tract or parcel of land lying and being in Land 127 of the 20th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows:

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TO FIND THE POINT OF BEGINNING, begin at the southwest corner of said Land Lot, run thence easterly along the south line of said land lot 556 feet to a point; running thence due north 268 feet to a point on the southerly side of Rutledge Road; running thence due north across said road to a point, said point being the point of beginning. FROM SAID POINT OF BEGINNING THUS ESTABLISHED, running thence north 650 feet, more or less, to an iron pin (said iron pin being 929 feet due north of the south line of said land lot); running thence southeasterly on an interiro angle of 71 degrees 30 minutes 542.5 feet to an iron pin; running thence southeasterly on an interior angle of 165 degrees 20 minutes 98.0 feet to an iron pin on the northwesterly side of Rutledge Road; running thence southwesterly along the northwesterly side of Rutledge Road and following the curvature thereof to the point of beginning. All that tract or parcel of land lying and being in Land Lot 127 of the 20th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point formed by the intersection of the southwesterly right of way line of Old U. S. 41 Highway and the northwesterly right of way line of Rutledge Road; running thence southwesterly along the northwesterly right of way line of Rutledge Road 200 feet to a point; running thence northwesterly 200 feet to a point; running thence northeasterly 200 feet to a point on the southerly right of way line of Old U. S. 41 Highway; running thence southeasterly along the southwesterly right of way line of said highway 200 feet to a point, said point being the point of beginning. All that tract or parcel of land lying and being in Land Lot 127 of the 20th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point on the northwesterly right of way line of Rutledge Road, said point being 200 feet southwesterly as measured along the northwesterly right of way line of Rutledge Road from the intersection of the northwesterly right of way line of Rutledge Road the the southwesterly right of way line of Old U. S. Highway 41 (State Route 293); running thence southwesterly along the northwesterly

Page 4482

right of way line of Rutledge Road 215 feet to a point; running thence northwesterly 152 feet to a point; running thence northeasterly 200 feet to a point; running thence southeasterly 200 feet to a point on the northwesterly right of way line of Rutledge Road, said point being the point of beginning. All that tract or parcel of land lying and being in Land Lot 205, 20th District, 2nd Section, Cobb County, Georgia, designated as Tract I on plat of survey of the L. F. Daniell Property, by Gaskins Hogan Surveying Co., Inc. dated November 19, 1982, and last revised August 18, 1986 and being more particularly described as follows: To find the True Point of Beginning, begin at the southeastern corner of said Land Lot 205, said point being marked by an iron pin found; and run thence along a course north 26 degrees 16 minutes 23 seconds west a distance of 1273.58 feet to a #4 R. I. bar set and the True Point of Beginning, and from said True Point of Beginning as thus established running along a course south 81 degrees 41 minutes 28 seconds west a distance of 2164 feet to a point on the western line of said Land Lot 205, said point being marked by a #4 R. I. bar set; running thence along the western line of said Land Lot 205 and along a course north 2 degrees 54 minutes 36 seconds west a distance of 1375.11 feet to a point marked by a #4 re-bar set on the southeastern line of the right of way of the L N Railroad, said right of way being 66 feet in width at this point; running thence northeasterly along the southeastern right of way line of the L N Railroad and following the curvature thereof a distance of 324.16 feet to a point marked by a T-bar found on the southern line of Land Lot 176, said District and Section, the arc of the curve between the last two points having a radius of 2040.84 feet; running thence along the southern line of said Land Lot 176 and along a course north 88 degrees 08 minutes 37 seconds east a distance of 1457.60 feet to a #4 R. I. bar set at the northwestern corner of property formerly belonging to A. J. Ellison, now belonging to A. J. Ellison and Edith Knox Ellison, Betty Ellison Ragsdale, Nelle Ellison Hughes, Dorothy Ellison Russell, Robert Edwin Ellison and Helen Ellison Veal by virtue of deed recorded in Deed Book 1863, page 25, Cobb County Records; running

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thence along a course south 20 degrees 35 minutes 22 seconds east and along the western line of said property of A. J. Ellison, et al, a distance of 468.68 feet to a point marked by a #4 R. I. bar set on the southern bank of a creek; running thence along the western line of said property belonging to A. J. Ellison, et al, by virtue of said deed recorded in Deed Book 1863, page 25, Cobb County Records, and continuing along the western line of property belonging to Betty Ellison Ragsdale, Nelle Ellison Hughes, Dorothy Ellison Russell, Robert Edwin Ellison and Helen Ellison Veal by virtue of deed recorded in Deed Book 1849, page 196, Cobb County Records, and along a course south 26 degrees 16 minutes 23 seconds east a total distance of 1086.42 feet to the True Point of Beginning, containing 66.50 acres, as shown on the above mentioned plat of survey. All that tract or parcel of land lying and being in Land Lots 89 and 90 of the 20th District, 2nd Section of Cobb County, Georgia, being more particularly described as follows: Beginning at a point on the easterly side of Giles Road, where the same is intersected by the south line of Land Lot 89; thence northerly and easterly along the easterly side of Giles Road a distance of 855.82 feet; thence south 63 degrees 30 minutes 40 seconds east a distance of 264.38 feet; thence north 01 degrees 29 minutes 46 seconds east a distance of 14.60 feet; thence north 78 degrees 51 minutes 26 seconds east a distance of 133.62 feet to the bank of Proctor Creek; thence southeasterly along the center line of Proctor Creek; which is the property line of the South Line of Land Lot 90, (being a chord South 33 degrees 31 minutes 30 seconds east a distance of 755.42 feet); thence westerly along the center line of Proctor Creek to an iron pin on the west bank of Proctor Creek; thence south 88 degrees 54 minutes 00 seconds west along the south line of Land Lot 90 a distance of 564.48 feet to the southwest corner of said land Lot; thence north 89 degrees 12 minutes 25 seconds west along the south line of land Lot 89 a distance of 596.83 feet to the westerly side of Giles Road and the point of beginning, being 12.98 acres as shown on a plat made for Chastain Associates, by Paul E. Lee, dated July 6, 1984.

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All that tract or parcel of land lying and being in Land Lot 166 in the 20th District, and 2nd Section of Cobb County, Georgia, being all of said land lot lying north and west of Pine Mountain Road; same being bounded on the north by the north original land lot line of said Land Lot 166 and the property now owned by Tripp; on the west by the west original land lot line of land lot 166 and the property of Hardy; and on the south and east by the northwest side of Pine Mountain Road; said tract containing four acres, more or less; said tract having thereon a house and small barn. All that tract or parcel of land lying and being in Land Lot 165 of the 20th District and 2nd section of Cobb County, Georgia, being more particularly described as follows: Beginning at the northeast corner of said land lot no. 165; thence running west along the north line of said land lot a distance of 75 feet; thence running south parallel to the east line of said land lot a distance of 880 feet, more or less, to the northwest side of Pine Mountain Road; thence running northeast along said northwest side of said Pine Mountain Road to the east line of said land lot; thence running north along said land lot line a distance of 775 feet, more or less, to the point of beginning. Said tract containing approximately 1.5 acres, more or less. All that tract or parcel of land lying and being in Land Lot 130 of the 20th District, 2nd Section of Cobb County, Georgia, being more particularly described as follows: Beginning at a rebar at the intersection of the southwest right of way of Ben King Road (formerly known as Kennesaw Blackwell Public Road, 80 foot right of way), with the east line of Land Lot 130 of said District, and Section, run thence south 00 degrees 11 minutes 22 seconds west along said land lot line a distance of 664.64 feet to a one inch iron pin found at the common intersection of Land Lots 130, 131, 136 and 137 of said District and Section, run thence north 88 degrees 17 minutes 02 seconds west along the south line of Land Lot 130 of said District and Section a distance of 714.02 feet to a inch rebar, run thence north 00 degrees 58 minutes 00 seconds east a distance of 828.98 feet to a four inch axle on the southwestern right of way of Ben King

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Road, run thence south 75 degrees 11 minutes 15 seconds east along the southwestern right of way of Ben King Road a distance of 726.04 feet to a inch rebar at the intersection of the southwest right of way of Ben King Road with the east line of Land Lot 130 of said District and Section, said inch rebar being the Point of Beginning, as per that plat entitled `Survey For The Most Reverend Thomas A. Donnellan Archbishop of the Catholic Archdiocese of Atlanta and his successors in office', dated September 7, 1982, prepared by Chester M. Smith, Jr., Georgia R.L.S. No. 1445 of Metro Engineering and Surveying Co., Inc. All that tract or parcel of land lying and being in Land Lot 131 of the 20th District, 2nd Section of Cobb County, Georgia, and being more particularly described as follows: The Point of Beginning of said property is an iron pin located at the intersection where the north boundary of Land Lot 136 intersects with the western right of way of Big Shanty Road; thence north 86 degrees 00 minutes 08 seconds west a distance of 402.32 feet to an iron pin; thence north 20 degrees 09 minutes 37 seconds east a distance of 582.34 feet to an iron pin; thence north 80 degrees 32 minutes 55 seconds east a distance of 43.88 feet to an iron pin; thence north 24 degrees 48 minutes 46 seconds east a distance of 250.01 feet to an iron pin and the south right of way of Ben King Road; thence easterly along the south right of way of Ben King Road a distance of 284.70 feet to an iron pin; thence south 08 degrees 06 minutes 21 seconds west a distance of 293.70 feet to an iron pin; thence south 08 degrees 06 minutes 21 seconds west a distance of 293.70 feet to an iron pin; thence southerly along the west right of way of Big Shanty Road a distance of 532.19 feet to an iron pin and to the Point of Beginning of said property. All that tract or parcel of land lying and being in Land Lot 127 of the 20 District, 2nd Section, Cobb County, Georgia, and being shown on plat of survey of property of Gospel Light Baptist Tabernacle, Inc. by Richard Maskevich, Registered Land Surveyor, dated August 17, 1971, and being more particularly described as follows:

Page 4486

Beginning at an iron pin located on the south land lot line of Land Lot 127 a distance of 556 feet easterly from the southwest corner of Land Lot 127; thence running north 89 degrees 29 minutes east along the south land lot line of Land Lot 127 a distance of 753.3 feet to an iron pin located on the westerly side of the right of way of Giles Road (also known as Arnold Drive); thence running north 2 degrees 52 minutes east along the westerly side of Giles Road (also known as Arnold Drive) a distance of 318.5 feet to an iron pin; thence running north 74 degrees 28 minutes west a distance of 314.1 feet to an iron pin located on the south easterly side of the right of way of Rutledge Road; thence running southwesterly along the southeasterly side of the right of way of Rutledge Road and following the curvature thereof a distance of 506 feet to an iron pin; thence running south 1 degrees 30 minutes east a distance of 267 feet to an iron pin and the point of beginning. All that tract or parcel of land lying and being in Land Lots 126 and 127 of the 20th District, 2nd Section, Cobb County, Georgia, and being 2.402 acres as shown on plat of survey by Robert T. Weaver, Registered Land Surveyor, and being more particularly described as follows: Beginning at a point former by the intersection of the southeasterly right of way line of Rutledge Road (a 50 foot right of way) and the west line of Land Lot 127 of the aforesaid district and section, running thence south 63 degrees 39 minutes west along the southeasterly right of way line of Rutledge Road 100 feet to a point; running thence south 62 degrees 45 minutes west along the southeasterly right of way line of said road 100 feet to a point; running thence south 786 degrees 52 minutes west along the southeasterly right of way line of said road 78.3 feet to a point on the south line of Land Lot 126 of the aforesaid district and section; running thence north 89 degrees 00 minutes east along the south line of Land Lots 126 and 127, 735.0 feet to a point; running thence north 2 degrees 32 minutes west 266.5 feet to a point on the southeasterly right of way line of Rutledge Road; running thence south 77 degrees 53 minutes west along the southeasterly right of way line of said road 100 feet to a point; running thence south 73 degrees 26 minutes west along the southeasterly right of way line of said

Page 4487

road 100 feet to a point; running thence south 66 degrees 28 minutes west along the southeasterly right of way line of said road 100 feet to a point; running thence south 66 degrees 06 minutes west along the southeasterly right of way line of said road 100 feet to a point; running thence south 66 degrees 23 minutes west along the southeasterly right of way line of said road 100 feet to a point, said point being the point of beginning. All that tract or parcel of land lying and being in Land Lot 90 of the 20 District, 2nd Section, Cobb County, Georgia and being more particularly described as follows: Beginning at an iron pin on the westerly right of way of Moon Station Road (said right of way being 60 feet), 367.22 feet northerly from the northwesterly intersection of the right of way of Moon Station Road and Bayswater Drive (said right of way being 50 feet); thence running north 87 degrees 47 minutes west a distance of 567.92 feet to an iron pin; running thence north 27 degrees 13 minutes east a distance of 215.00 feet to an iron pin; running thence south 89 degrees 36 minutes east a distance of 476.88 feet to an iron pin on the westerly right of way of Moon Station Road said pin being 572.0 feet south of the north line of Land Lot 90 as measured along the westerly right of way of Moon Station Road; running thence south 02 degrees 06 minutes 15 seconds west along said right of way a distance of 210.0 feet to the Point of Beginning, said property being shown on plat of survey for Leonard P. Mathias, Jr., by John W. Stanzilis, Jr., RLS, dated August 13, 1982. All that tract or parcel of land lying and being in Land Lot 131 of the 20th District, 2nd Section, Cobb County, Georgia, containing 5.78 acres and being more particularly described as follows: BEGINNING at a point on the south line of Land Lot 131 of the aforesaid district and section, said point being 1659.39 feet easterly as measured along the south line of said land lot from the southwest corner of said land lot; running thence north 04 degrees 03 minutes 06 seconds east 842.25 feet to a point on the southerly right of way line of Ben King Road (80 foot right of way); running thence south 88 degrees

Page 4488

02 minutes 51 seconds east along the southerly right of way line of said road 68.76 feet to a point; running thence south 81 degrees 56 minutes 16 seconds east along the southerly right of way line of said road 236.74 feet to a point; running thence south 14 degrees 26 minutes 48 seconds west 194.97 feet to a point; running thence south 66 degrees 25 minutes 48 seconds east 121.53 feet to a point; running thence south 19 degrees 10 minutes 00 seconds west 610.58 feet to a point on the south line of Land Lot 131 of the aforesaid district and section; running thence north 87 degrees 34 minutes 20 seconds west along the south line of said Land Lot 225.12 feet to a point, said point being the point of beginning. All that tract or parcel of land lying and being in Land Lot 131 of the 20th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: TO FIND THE TRUE POINT OF BEGINNING, begin at the southwest corner of said Land Lot; run thence easterly along the south line of said land lot 1659.39 feet to an iron pin; running thence south 87 degrees 34 minutes 20 seconds east along the south line of said land lot 225.12 feet to a point; running thence north 19 degrees 10 minutes 00 seconds east 610.58 feet to a point, said point being THE TRUE POINT OF BEGINNING. FROM SAID TRUE POINT OF BEGINNING THUS ESTABLISHED, running thence north 66 degrees 25 minutes 40 seconds west 121.53 feet to a point; running thence north 14 degrees 26 minutes 48 seconds east 194.97 feet to a point on the southerly right of way line of Ben King Road (80 foot right of way); running thence south 82 degrees 09 minutes east along the southerly right of way line of said road 199.4 feet to a point; running thence south 23 degrees 52 minutes west 250.7 feet to a point; running thence south 79 degrees 51 minutes west 44.1 feet to a point; running thence north 19 degrees 10 minutes east 28.1 feet to a point, said point begin the true point of beginning. All that tract or parcel of land lying and being in Land Lot 89 of he 20th District, 2nd Section, Cobb County, Georgia, being more particularly described as follows:

Page 4489

To find the TRUE POINT OF BEGINNING, Begin at an iron pin found at the intersection of the land lot line between Land Lot 89 to the north and Land Lot 102 to the south, said district and section, and the western side of the right of way of Giles Road, a 50 foot right of way; running thence north 89 degrees 45 minutes 42 seconds west a distance of 482.50 feet to an iron pin set, being the TRUE POINT OF BEGINNING; running thence along said land lot line south 89 degrees 45 minutes 42 seconds west a distance of 187.84 feet to an iron pin found; running thence north 00 degrees 4 minutes 15 seconds east a distance of 530.28 feet to an iron pin set; running thence south 55 degrees 07 minutes 52 seconds east a distance of 538.19 feet to a point; running thence south 57 degrees 38 minutes 13 seconds west a distance of 331.70 feet to a point; running thence south 29 degrees 22 minutes 38 seconds east a distance of 52.59 feet to the point of beginning, being shown as 2.9741 acres on a survey prepared for Butch Jiles by Solar Land Surveying Company, John W. Stanzilis, Jr., Georgia Registered Land Surveyor No. 2109, dated August 3, 1987. All that tract or parcel of land lying and being in Land Lot 89 of the 20th District, 2nd Section of Cobb County, Georgia, and more particularly described as follows: Beginning at a point marking the intersection of Land Lots 64, 65, 88 and 89 of said County and District; running thence easterly along common boundary of Land Lots 64 and 89, a distance of 1314.65 feet to a point and corner; running thence southerly 1894.23 feet to a point; running thence westerly a distance of 1311.58 feet to a point on the boundary line of Land Lots 88 and 89; running thence northerly along aforementioned land lot line 1910.35 to point of beginning. All that tract or parcel of land lying and being in Land Lot 207 of the 20th District, 2nd Section, Cobb County, Georgia, and being a tract containing 14.2 acres, more or less, as shown by plat of survey on said property by J.P. Phillips, Surveyor, dated November 6, 1946 and recorded in Plat Book 6, Page 143, of the Office of the Clerk of the Superior Court of Cobb County, Georgia and being a re-survey of Tract No. 11 of the Roberts Livingood property as shown

Page 4490

by plat thereof recorded in Plat Book 1, Page 118, of the Office of the Clerk of the Superior Court of Cobb County, Georgia, and being more particularly described as follows: BEGINNING at the southwest corner of Tract No. 11 of the said Roberts and Lovingood property as shown on the aforesaid plat; and running thence north 88 degrees east a distance of 1826 feet to the center of Noonday Creek; thence northeasterly along the center of said creek 375 feet to a point and corner; thence south 88 degrees 20 minutes west a distance of 1586 feet to a corner of the C. R. Cantrell property; thence south 12 degrees 30 minutes east a distance of 100 feet to the southeast corner of the C. R. Cantrell property; thence south 89 degrees west along the south line of the aforementioned property a distance of 400 feet to the east side of the Dixie Highway; thence southeasterly along said easterly side of Dixie Highway a distance of 259 feet to the point of beginning. LESS AND EXCEPT: All that tract or parcel of land lying and being in Land Lot 207 of the 20th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at the southwest corner of said Tract 11 and the above described property and running northwesterly along the eastern right of way of Dixie Highway a distance of 200 feet to a point and corner; running thence east a distance of 250 feet to a point and corner; running thence south a distance of 200 feet to a point and corner on the south line of the above described property; running thence west along the south line of the above described property a distance of 250 feet to the east side of Dixie Highway and the point of beginning. All that tract or parcel of land lying and being in Land Lot 136 of the 20th District, 2nd Section, Cobb County Georgia, being more particularly described as follows: BEGINNING at an iron pin found at the intersection of the western right of way of Big Shanty Road (a 50 foot right of way) and the northern land lot line of Land Lot 136, thence running along said western right of way line of Big

Page 4491

Shanty Road in a generally southerly direction along the arc of a curve to the right (said arc having a radius of 3266.85 feet) an arc distance of 162.05 feet to a point; thence continuing along said right of way south 26 degrees 38 minutes 04 seconds west, a distance of 114.77 feet to a point; thence continuing along said right of way south 28 degrees 37 minutes 39 seconds west, a distance of 304.85 feet to a point; thence continuing along said right of way and following the curvature thereof along the arc of a curve to the left (said arc having a radius of 1407.78 feet) an arc distance of 407.75 feet to a point; thence continuing along said right of way south 12 degrees 01 minutes 57 seconds west, a distance of 791.79 feet to a point; thence continuing along said right of way south 13 degrees 05 minutes 13 seconds west, a distance of 108.52 feet to a point; thence continuing along said right of way south 73 degrees 17 minutes 02 seconds west a distance of 85.40 feet to a point; thence continuing along said right of way along the arc of a curve to the right (said arc being subtended by a chord bearing south 81 degrees 02 minutes 31 seconds west, a chord distance of 312.66 feet) an arc distance of 313.62 feet to a point; thence continuing along said right of way south 88 degrees 47 minutes 59 seconds west a distance of 22.34 feet to an iron pin found at the southeast corner of property now or formerly owned by Toby Bergin; thence leaving said right of way and running north 0 degrees 39 minutes 37 seconds east, a distance of 220.06 feet to an iron pin found; thence running south 89 degrees 04 minutes 57 seconds west, a distance of 198 feet to an iron pin found at the northwest corner of said property now or formerly owned by Toby Bergin, said iron pin also being located on the eastern right of way of Carrie Road (a 50 foot right of way); thence running across said right of way of Carrie Road south 89 degrees 04 minutes 57 seconds west, a distance of 50 feet to an iron pin set on the western right of way of Carrie Road; thence running along said western right of way south 0 degrees 43 minutes 21 seconds west, a distance of 221.29 feet to an iron pin set on the northern right of way of Big Shanty Road; thence running along said northern right of way of Big Shanty Road south 88 degrees 47 minutes 59 seconds west, a distance of 38.09 feet to a point; thence continuing along said right of way and following the arc of a curve to the left (said arc having a radius of 298.67 feet) an arc distance of 244.41 feet to a point; thence continuing along said right of way south 60

Page 4492

degrees 43 minutes 04 seconds west, a distance of 177.46 feet to an iron pin found; thence leaving said right of way and running along a fence line north 0 degrees 19 minutes 40 seconds east a distance of 451.69 feet to an iron pin found; thence continuing along said fence line south 89 degrees 26 minutes 34 seconds west, a distance of 410 feet to an iron pin set (said iron pin being hereinafter referred to as `Point A'); thence continuing along said fence line south 89 degrees 26 minutes 34 seconds west, a distance of 40 feet, more or less, to a point in the centerline of a creek; thence running along the centerline of said creek and following the meandering thereof, a distance of 2585 feet, more or less, to the point where the centerline of said creek intersects the western right of way of Big Shanty Road at the centerline of another creek; thence continuing along the centerline of said second creek and following the meandering thereof a distance of 530 feet, more or less, to a point where the centerline of said creek intersects the northern land lot line of Land Lot 136; thence running along said land lot line south 87 degrees 02 minutes 25 seconds east a distance of 90 feet, more or less, to an iron pin found (said iron pin being herein referred to as `Point B') (Point A and Point B are connected by a traverse line having the following course and distance: north 46 degrees 54 minutes 52 seconds east, a distance of 2317.30 feet); thence continuing along said land lot line south 86 degrees 45 minutes 49 seconds east, a distance of 400.49 feet to an iron pin found on the western right of way of Big Shanty Road and the Point of Beginning; containing 27 acres, more or less, as per plat of survey prepared by Ray McPhail, dated April 23, 1984, by Southern Surveying and Mapping Co., Inc. All that tract or parcel of land lying and being in Land Lots 130 and 131 of the 20th District, 2nd Section, Cobb County, Georgia, and being that portion of the right of way of Ben King Road beginning where the same intersects the existing corporate limits of the City of Kennesaw and running westerly approximately.6 of a mile to where the same intersects McCollum Parkway. All that tract or parcel of land lying and being in Land Lot 178 of the 20th District, 2nd Section, Cobb County, Georgia, and being a portion of the right of way of Pine

Page 4493

Mountain Road beginning where the same intersects the existing corporate limits of the City of Kennesaw and running southwesterly approximately 200 feet where the same intersects Shillings Road. All that tract or parcel of land lying and being in Land Lots 178 and 203 of the 20th District, 2nd Section, Cobb County, Georgia, and being a portion of the right of way of Shillings Road commencing where the same intersects the southerly right of way of Pine Mountain Road and running thence southerly approximately.4 of a mile to where the same intersects Shillings Chase. All that tract or parcel of land lying and being in land Lots 62, 63, 89, 90, 102 and 127 of the 20th District, 2nd Section, Cobb County, Georgia, and being that portion of Giles Road commencing at its intersection with Moon Station Road and running thence in a general southerly direction to the point formed by the intersection of said road with the right of way of North Main Street (State Highway 293). All that tract or parcel of land lying and being in Land Lots 62, 91 and 92 of the 20th District, 2nd Section, Cobb County, Georgia, and being a portion of Baker Road, beginning where the same intersects the right of way of Moon Station Road and running thence in a general easterly direction approximately one mile to where said road intersects the right of way of Shiloh Road. All that tract or parcel of land lying and being in Land Lots 62, 63, 90 and 91 of the 20th District, 2nd Section, Cobb County, Georgia, and being a portion of the right of way of Moon Station Road commencing where the same intersects the existing corporate limits of the City of Kennesaw and running thence in a general northerly direction approximately.4 of a mile to a point formed by the intersection of said road right of way with the right of way of Baker Road. All that tract or parcel of land lying and being in Land Lot 60 of the 20th District, 2nd Section, Cobb County, Georgia, and being a portion of the right of way of Shiloh Road, commencing at the point formed by the intersection of the right of way of said road and the existing corporate limits

Page 4494

of the City of Kennesaw and running thence in a general northerly direction approximately.1 of a mile to the intersection of said road with the right of way of Wade Green Road. All that tract or parcel of land lying and being in the 20th District, 2nd Section, Cobb County, Georgia, and being a portion of the right of way of Wade Green Road commencing at a point formed by the intersection of the right of way of Wade Green Road and the right of way of Shiloh Road; running thence in a general northeasterly direction approximately.6 of a mile to its intersection Wooten Lake Road. All that tract or parcel of land lying and being in Land Lots 202, 207, and 212 of the 20th District, 2nd Section, Cobb County, Georgia, and being a portion of the right of way of Old U. S. Highway 41 commencing at the intersection of said highway with the existing corporate limits of the City of Kennesaw and running thence in a general southerly direction approximately.2 of a mile to the intersection of said highway with the right of way of Stanley Road. All that tract or parcel of land lying and being in Land Lots 131, 132, 135 and 136 of the 20th District, 2nd Section, Cobb County, Georgia, and being a portion of the right of way of McCollum Parkway commencing at the intersection of said road with the existing corporate limits of the City of Kennesaw and running in a general northeasterly direction 1.6 miles to the intersection of said parkway with the right of way of Ben King Road. All that tract or parcel of land lying and being in Land Lots 124, 125, 126 and 141 of the 20th District, 2nd Section, Cobb County, Georgia, and being a portion of the right of way of U. S. Highway 41 (Cobb Parkway) beginning at the intersection of said highway with the right of way of Rutledge Road and running thence in a general northwesterly direction approximately.7 of a mile to the point formed by the intersection of said highway with the right of way of Blue Springs Road. All that tract or parcel of land lying and being in Land Lots 126, 127 and 141 of the 20th District, 2nd Section, Cobb

Page 4495

County, Georgia, and being a portion of the right of way of Rutledge Road beginning at its intersection with the right of way line of U. S. Highway No. 41 (Cobb Parkway) and running thence in a general northeasterly direction to a point formed by the intersection of said road with the right of way of State Highway 293 (Old Highway 41), being approximately.6 of a mile. All that tract or parcel of land lying and being in Land Lots 127 and 128 of the 20th District, 2nd Section, Cobb County, Georgia, being more particularly described as follows: Beginning at an iron pin on the easterly right of way of Giles Road (a 50-foot right of way) a distance of 475.94 feet northwesterly from the intersection of the northerly right of way of S. R. 293, (a 60-foot right of way) and the easterly right of way of Giles Road; running thence northwesterly and northeasterly along easterly right of way of Giles Road the following courses and distances; thence North 29 degrees 56 minutes 35 seconds West a distance of 67.15 feet; thence North 24 degrees 02 minutes 31 seconds West a distance of 27.44 feet; thence North 18 degrees 00 minutes 21 seconds West a distance of 114.55 feet; thence North 17 degrees 20 minutes 17 seconds West, a distance of 126.70 feet; thence North 16 degrees 03 minutes 30 seconds West, a distance of 112.58 feet; thence North 12 degrees 54 minutes 53 seconds West, a distance of 64.82 feet; thence North 03 degrees 19 minutes 52 seconds West, a distance of 55.47 feet; thence North 09 degrees 06 minutes 01 seconds East a distance of 23.50 feet; thence North 17 degrees 13 minutes 59 seconds East, a distance of 140.53 feet; thence North 17 degrees 45 minutes 05 seconds East a distance of 178.03 feet; thence North 12 degrees 37 minutes 09 seconds East a distance of 163.94 feet; thence North 10 degrees 42 minutes 34 seconds East, a distance of 189.96 feet; thence North 08 degrees 43 minutes 20 seconds East, a distance of 89.06 feet to an iron pin on the northerly land lot line of Land Lot 127; thence South 88 degrees 39 minutes 50 seconds East along said land lot line, a distance of 175.00 feet to an iron pin; thence continuing along said land lot line and the North land lot line of Land Lot 12 South 88 degrees 32 minutes 04 seconds East, a distance of 552.41 feet to an iron pin; thence South 01

Page 4496

degrees 22 minutes 35 seconds West, a distance of 1,458.92 feet to an iron pin; thence South 01 degrees 22 minutes 35 seconds West, a distance of 78.71 feet to an iron pin; thence running North 70 degrees 16 minutes 01 seconds West, a distance of 751.91 feet to the point of beginning. All as shown on a plat of survey for Simpson Properties, prepared by Dixon's Land Surveying, Inc., dated May 29, 1985. All that tract or parcel of land lying and being in Land Lot 165 of the 20th District and 2nd Section of Cobb County, Georgia, and more particularly described as follows: BEGINNING at a point on the north line of said Land Lot 165 421 feet east of the northwest corner thereof, and running thence southeasterly along a line forming an interior angle of 52 degrees with the north line of said Land Lot 165 784 feet; thence northeasterly along a line forming an interior angle of 90 degrees with the preceding course 230 feet; thence southeasterly along a line forming an interior angle of 79 degrees 30 minutes with the preceding course 711 feet; thence southwesterly along a line forming an exterior angle of 100 degrees 30 minutes with the preceding course 100 feet; thence southeasterly along a line forming an interior angle of 90 degrees with the preceding course 900 feet to the northwest side of Pine Mountain Road; thence northeasterly along the northwest side of Pine Mountain Road 441.5 feet; thence northwesterly along a line forming an interior angle of 101 degrees 32 minutes with the preceding course 253 feet; continuing thence northwesterly along a line forming an interior angle of 196 degrees 20 minutes with the preceding course 595 feet; thence northerly along a line forming an interior angle of 205 degrees 3 minutes with the preceding course 393 feet; thence northwesterly along a line forming an exterior angle of 238 degrees 38 minutes with the preceding course 248.5 feet; continuing northwesterly along a line forming an exterior angle of 190 degrees 55 minutes with the preceding course 535 feet to the center of a creek; thence northerly along the center of said creek, and following the meandering thereof, 90 feet, more or less, to the north line of said Land Lot 165; thence west along the north line of said Land Lot 606 feet to the point of beginning; being the same property shown on plat of property of Arthur D. Alexander by J. P. Phillips, Surveyor, dated July 29, 1964.

Page 4497

LESS AND EXCEPT: All that tract or parcel of land lying and being in Land Lot 165, 20th District, 2nd Section, Cobb County, Georgia, being 5.02 acres as per survey prepared for Scott Sasser, Jr. by Gaskins Hogan Surveying Co., dated August 25, 1978, and being more particularly described as follows: northeasterly line of said Alexander property a distance of 540.56 feet to an iron pin; run thence north 01 degree 43 minutes 47 seconds east along the easterly line of said Alexander property a distance of 331.97 feet to an iron pin; run thence south 88 degrees 16 minutes 13 seconds east along the southerly line of said Alexander property a distance of 260.00 feet to an iron pin and property now or formerly owned by P. W. and S. H. Dick; run thence south 01 degree 43 minutes 47 seconds west along the westerly line of said Dick property a distance of 300.00 feet to an iron pin; run thence south 25 degrees 25 minutes 17 seconds east along the southwesterly line of said Dick property of 202.11 feet to an iron pin and property now or formerly owned by K. E. Hardy; run thence south 24 degrees 48 minutes 38 seconds east along the southwesterly line of said Hardy property a distance of 377.01 feet to an iron pin; run thence south 38 degrees 40 minutes 44 seconds east along the southwesterly line of said Hardy property a distance of 253.00 feet to an iron pin on the northeasterly side of Pine Mountain Road; run thence southwesterly along the northwesterly side of Pine Mountain Road a distance of 29.01 feet to an iron pin and the point of beginning; being improved property having a house located thereon known as 2475 Pine Mountain Road according to the present system of numbering houses in Cobb County, Georgia. All that tract or parcel of land lying and being in Cobb County, Georgia, in the 20th District and Second Section and in Land Lot No. 60 and containing eight acres, more or less, and located on the west side of Shiloh Cemetery and is more particularly described as follows: BEGINNING at the northwest corner of Shiloh Cemetery and running northeasterly along the southwest side of Shiloh Road to a point on the original and line; thence south along the original land line to the southwest corner of Land

Page 4498

Lot No. 60; thence east along the original land line of Shiloh Cemetery property; thence north along the Shiloh Cemetery to point of beginning. This tract of land is the same tract known as Tract No. 2 in a deed from Roy D. Ayers to G. W. Chalker and recorded in Deed Book 215, Folio 84. ALL THAT TRACT or parcel of land lying and being in Land Lots 176 and 177, 20th District, 2nd Section of Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point located at the common corner of Land Lots 176, 177, 204, and 205; thence running North 2 degrees 26 minutes 31 seconds West along the dividing line of Land Lots 176 and 177, a distance of 1,348.07 feet; thence North 27 degrees 49 minutes 06 seconds East, a distance of 333.71 feet; thence North 79 degrees 49 minutes 50 seconds West, a distance of 496.68 feet to an iron pin located on the Southeasterly side of Kennesaw-Due West Road; thence running Northeasterly along the Southeasterly side of Kennesaw-Due West Road, a distance of 49.21 feet to an iron pin; thence South 79 degrees 49 minutes 50 seconds East, a distance of 505.52 feet to the Southeasterly line of property now or formerly owned by Newton T. Williams, Jr.; thence North 29 degrees 12 minutes 02 seconds East along the Southeasterly line of said Williams property, a distance of 509.25 feet to the Southwesterly line of said Williams Property; thence South 74 degrees 23 minutes 11 seconds East along the Southwesterly line of said Williams property, a distance of 361.94 feet to an iron pin located on the Northwesterly right-of-way line of the L N/SCL Railroad; thence running Southwesterly along the Northwesterly line of said Railroad right-of-way, a distance of 210.85 feet to a point; thence continuing along the Northwesterly right-of-way line of said railroad, South 15 degrees 04 minutes 19 seconds West, a distance of 42.83 feet to the Northeasterly line of said railroad right-of-way; thence North 74 degrees 55 minutes 45 seconds West along the Northeasterly line of said railroad right-of-way, a distance of 25 feet to a point located on the Northwesterly line of said railroad right-of-way; thence South 16 degrees 09 minutes 00 seconds West along

Page 4499

the Northwesterly line of said railroad right-of-way, a distance of 484.86 feet to a point located on the Southwesterly line of said railroad right-of-way; thence South 73 degrees 48 minutes 36 seconds East along the Southwesterly line of said railroad right-of-way a distance of 10 feet to a point located on the Northwesterly line of said railroad right-of-way; thence South 16 degrees 11 minutes 24 seconds West along the Northwesterly line of said railroad right-of-way, a distance of 314 feet to a point; thence continuing along the Northwesterly line of said railroad right-of-way, South 21 degrees 54 minutes 02 seconds West, a distance of 100.50 feet to a point; thence continuing along the Northwesterly line of said railroad right-of-way, South 16 degrees 10 minutes 58 seconds West, a distance of 49.37 feet to a point; thence continuing Southwesterly along the Northwesterly line of said railroad right-of-way, a distance of 592.53 feet to a point; thence continuing along the Northwesterly line of said railroad right-of-way, South 25 degrees 14 minutes 46 seconds West, a distance of 275.68 feet to a point; thence continuing Southwesterly along the Northwesterly line of said railroad right-of-way, a distance of 84.51 feet to an iron pin located on the South line of the above mentioned Land Lot 176; thence running South 88 degrees 40 minutes 40 seconds West along the South line of said Land Lot 176, a distance of 23.67 feet to the common corner of Land Lots 176, 177, 204, and 205 and the point of BEGINNING, and containing 19.08 acres, more or less. All that tract or parcel of land lying and being in Land Lot 92 of the 20th District, 2nd Section of Cobb County, Georgia, and being more particularly described as follows: BEGINNING at an iron pin found on the southeastern right-of-way of Shiloh Road (a 60 foot right-of-way), 174.9 feet southwesterly from the intersection of the southeastern right-of-way of Shiloh Road with the southwestern right of way of Bozeman Lake Road, as measured along said southeastern right-of-way of Shiloh Road, running thence south 67 degrees 31 minutes east, 153.7 feet to an `x' on a manhole; running thence south 09 degrees 34 minutes west, 230.1 feet to an iron pin found; running thence north 42 degrees 23 minutes west, 233.0 feet to an iron pin found on the southeastern right-of-way of Shiloh Road; running thence along

Page 4500

the southeastern right-of-way of Shiloh Road north 25 degrees 01 minutes east, 125.0 feet to the iron pin found at the point of beginning; being Lot 1, Block C of Pinetree Country Club Estates, formerly known as Recreation Center of the Cobb County Recreation Authority, Subdivision, as per plats recorded in Plat Book 21, pages 146 and 147, Cobb County Records; being improved property known as 3692 Shiloh Road according to the present system of numbering in Cobb County, Georgia. All that tract or parcel of land lying and being in Land Lots 175 and 176, 20th District, 2nd Section, Cobb County, Georgia, as shown on plat of survey by S. J. Goetin Company, Inc., dated January 31, 1973, a copy of which is recorded in Plat Book 57, Page 149, Cobb County Records, and being more particularly described as follows: BEGINNING at an iron pin on the north original land lot line of Land Lot 176, 331 feet east of the intersection of said north original land lot line with the southeasterly right of way of McCollum Parkway; thence south 88 degrees 26 minutes 30 seconds east 232 feet to an iron pin at the southwesterly right of way of Georgia Highway 293; thence south 46 degrees 24 minutes east 109.2 feet along the southwesterly right of way of Georgia Highway 293 to an iron pin; thence south 46 degrees 21 minutes east along the southwesterly right of way of Georgia Highway 293; 63.7 feet to an iron pin; thence south 45 degrees 11 minutes 30 seconds east along the southwesterly right of way of Georgia Highway 293, 47.1 feet to an iron pin; thence south 68 degrees 17 minutes and 30 seconds west 302 feet to an iron pin; thence north 22 degrees 07 minutes west 292 feet to an iron pin at the north original land lot line of Land Lot 176 and the point of beginning. All that tract or parcel of land lying and being in Land Lot 167 of the 20th District, 2nd Section of Cobb County, Georgia as shown by plat of survey by A. O. Carlile, Surveyor dated February 20, 1986, recorded in Plat Book 106, page 64 of the Cobb County Records. Said plat being incorporated herein by reference and said property being shown as 7.222 acres of land according to said plat of survey and being more particularly described as follows:

Page 4501

Commencing at an iron pin located at the intersection of the easterly right of way of U. S. Highway 41 with the northerly right-of-way of Western Atlantic Railroad (66 foot right-of-way); thence north 43 degrees 26 minutes west a distance of 735.74 feet to an iron pin; thence north 29 degrees 21 minutes east a distance of 253.6 feet to an iron pin; thence north 61 degrees 12 minutes west a distance of 225.00 feet to an iron pin located on the southeasterly right-of-way of Kennesaw - Due West Road (50 foot right-of-way); thence north 26 degrees 25 minutes east a distance of 40.0 feet to an iron pin; thence south 60 degrees 58 minutes east a distance of 1005.39 feet to an iron pin located on the northerly right-of-way of the Western Atlantic Railroad; thence south 33 degrees 40 minutes west a distance of 110.58 feet to an iron pin; thence south 37 degrees 26 minutes west a distance of 100 feet to an iron pin; thence south 38 degrees 48 minutes west a distance of 100 feet to an iron pin; thence south 39 degrees 25 minutes west a distance of 210.12 feet to an iron pin located at the point of beginning. ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lots 168 and 169 of the 20th District, Second Section, of Cobb County, Georgia, and being more particularly described as follows: To locate the TRUE POINT OF BEGINNING, commence at the intersection of the northwesterly right-of-way line of McCollum Parkway (being a 160-foot right-of-way) with the easterly land lot line of Land Lot 168; thence running north 66 degrees 47 minutes 28 seconds east 54.6 feet to an iron pin found on the northwesterly right-of-way line of McCollum Parkway and being the TRUE POINT OF BEGINNING; thence running north 0 degrees 23 minutes east 327.59 feet to an iron pin found; thence running north 86 degrees 56 minutes west 519.9 feet to an iron pin found; thence running south 0 degrees 22 minutes 27 seconds west 576.70 feet to an iron pin found on the northwesterly right-of-way line of McCollum Parkway; thence running north 66 degrees 47 minutes 28 seconds east 566.59 feet along the northwesterly right-of-way line of McCollum Parkway to an iron pin found and being the TRUE POINT OF BEGINNING; containing 5.378 acres, and being described according to that certain plat of survey dated September 29, 1983,

Page 4502

prepared for McCollum Parkway Partners by West Georgia Engineers Surveyors, Inc., Marietta, Georgia. LESS AND EXCEPT that portion of the above described property lying and being within the bounds of that certain property conveyed by Helen C. Duncan to Vulcan Materials Company, a New Jersey Corporation, for the purpose of a right-of-way for the construction, maintenance, and operation of a railroad spur line from the LN Railroad, under that certain Warranty Deed dated January 29, 1968, recorded in Deed Book 1020, Page 49, Cobb County, Georgia, Records; said railroad right-of-way being more particularly delineated on that certain plat of survey dated December 12, 1978, prepared for Bahco Systems, Inc., by Joseph C. King (Georgia Registered Land Surveyor), recorded in Plat Book 72, Page 107, Cobb County, Georgia, Records. All that tract or parcel of land lying and being in Land Lot 136, 20th District, Cobb County, Georgia, containing approximately 1.9 acres and being more particularly described as follows: BEGINNING at a point where the north side of Land Lot 169 and the south side of Land Lot 136 intersect the north side of the right of way of McCollum Parkway, and running north 89 degrees 16 minutes 21 seconds west along the north side of Land Lot 169 and south side of Land Lot 136 a distance of 116.58 feet to an iron pin; thence north 00 degrees 53 minutes 21 seconds west a distance of 489.3 feet to an iron pin on the southerly right of way of Big Shanty Road; thence north 59 degrees 18 minutes 39 seconds east along the southerly right of way of Big Shanty Road a distance of 34.57 feet to an iron pin; thence south 00 degrees 53 minutes 21 seconds east a distance of 57.5 feet to an iron pin; thence south 41 degrees 15 minutes 29 seconds east a distance of 464.44 feet to an iron pin on the northerly right of way of McCollum Parkway; thence south 64 degrees 26 minutes 39 seconds west along the northerly right of way of McCollum Parkway a distance of 235.8 feet to an iron pin and point of beginning.

Page 4503

All that tract or parcel of land lying and being in Land Lot 169 of he 20th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point located on the northerly side of the 120 foot right of way of McCollum Parkway, 682.48 feet easterly from the intersection of the west boundary line of Land Lot 169 and the 120 foot right of way of McCollum Parkway; running thence north 00 degrees, 53 minutes, 24 seconds west for a distance of 56.83 feet to an oak tree; running thence south 88 degrees, 54 minutes 02 seconds east for a distance of 116.58 feet along the north boundary line of Land Lot 169 to a point located on the 120 foot right of way of McCollum Parkway; running thence south 64 degrees 23 minutes 38 seconds west for a distance of 128.29 feet along said 120 foot right of way of McCollum Parkway to the point of beginning. Said tract contains.076 acres. All that tract or parcel of land lying and being in Land Lot No. 206 of the 20th District, 2nd Section of Cobb County, Georgia, as shown on plat of survey by Clifton E. Phillips, Surveyor, dated March 24, 1981, as recorded in Plat Book 78, Page 163, and being more particularly described as follows: TO FIND THE POINT OF BEGINNING, commence at an iron pin marking the point where the north right of way of Stanley Road intersects the west right of way of Old Highway No. 41 and measure 444.6 feet along said Old Highway No. 41 to an iron pin and the point of beginning; continuing thence along said west right of way north 3 degrees 04 minutes west 110 feet to a point; continuing thence along said right of way north 5 degrees 37 minutes west 100.0 feet to an iron pin and corner; running thence south 64 degrees 00 minutes west 226.0 feet to an iron pin and corner; running thence south 4 degrees 20 minutes east 210.0 feet to an iron pin and corner; and running thence north 64 degrees 00 minutes east 226.0 feet to the west side of Old Highway No. 41 and the point of beginning, being 1.0 acres. All that tract or parcel of land lying and being in Land Lot 206 of the 20th District, 2nd Section of Cobb County, Georgia, and being more particularly described as follows:

Page 4504

BEGINNING at an iron pin at the intersection of the center line of a creek and the south line of Land Lot 206, said point being 150.59 feet east from the southwest corner of Land Lot 206; thence northeasterly along the center line of said creek and following the meandering thereof, 3,068.8 feet, more or less, to an iron pin; said distance having a chord distance of north 49 degrees 22 minutes 09 seconds east a distance of 2,583.15 feet to a point; thence south 16 degrees 54 minutes 51 seconds east along the property line of Clark 170 feet to a point at the corner of the property of Frank Brown; thence 250 feet westerly to a point; thence southerly 662 feet to a point; thence southeasterly 250 feet to a point at the northwest corner of the property of Herbert Wilbur, Jr.; thence southerly along the property of Wilbur and Cook 597 feet to a point; thence easterly along the property of Joan Cook 226.23 feet to point at the westerly right of way of Old 41 Highway; thence southerly along the westerly right of way of Old 41 Highway 234.59 feet to a point; thence westerly along the property of Doris Popham 420.28 feet to a point; thence southerly along the property of Doris Popham 210.54 feet to a point on the line of Land Lot 206; thence north 89 degrees 01 minutes 50 seconds west along the south line of Land Lot 206, 2,095.79 feet to the point of beginning. All that tract or parcel of land lying and being in Land Lot 206 of the 20th District, 2nd Section of Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point at the northwest corner of the property of James H. Wilbur, Jr., said point being 993 feet, more or less, northerly from the southeast corner of Land Lot 206; thence westerly 250 feet to a point; thence northerly 662 feet, more or less, to a point; thence easterly 250 feet to a point at the northwest corner of the property of Frank Brown; thence southerly 317 feet to a point; thence southeasterly 242.91 feet to a point at the westerly right of way of Old 41 Highway; thence south along the westerly right of way of Old 41 Highway 273.59 feet to an iron pin; thence westerly along the property line of James H. Wilbur, Jr. 266.66 feet to the point of beginning. All that tract or parcel of land lying and being in Land Lot 126 of the 20th District, 2nd Section, Cobb County,

Page 4505

Georgia, being 8.131 acres, as per plat made for Thomas S. Cassidy, by R. Dan Lord, Surveyor, dated December 24, 1962, recorded in Plat Book 25, Page 119, Cobb County Records, and more particularly described as follows: BEGINNING at a point on the north side of Rutledge Road 335 feet easterly as measured along the northerly side of Rutledge Road from the northeast right of way of U. S. Highway #41, as said junction is now located, said beginning point formerly being described as 433 feet before this junction was moved to the east by changing Rutledge Road; running thence easterly along the north side of Rutledge Road 533.8 feet to an iron pin; thence northerly 435.2 feet to an iron pin; thence northeasterly 287.3 feet to an iron pin; thence westerly 604.2 feet to an iron pin; thence southerly 677.9 feet to an iron pin on the north side of Rutledge Road and the point of beginning. All that tract or parcel of land lying and being in Land Lot 98 of the 20th District, 2nd Section Cobb County, Georgia and being more particularly described as follows: Beginning at a point at the intersection of the north right of way line of Chalker Road and the west land lot line of Land Lot 98: thence southeasterly 560 feet along the right of way to a point, THE TRUE POINT OF BEGINNING: Thence southeasterly 155.0 feet along said right of way to a point; thence northerly 300.0 feet to a point; thence northwesterly 131.9 feet to a point; thence southerly 273.0 feet to a point, the TRUE POINT OF BEGINNING. Said tract containing.8 acres, more or less. All that tract or parcel of land lying and being in Land Lot 100 of the 20th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows: BEGINNING at the intersection of the east side of the right of way of Moon Station Road (60-foot right of way) with the north line of Land Lot 100; running thence north 89 degrees 00 minutes east along the north line of Land Lot 100 a distance of 1,022.20 feet to the northwesterly side of the North Carolina St. Louis Railroad right of way (100-foot right of way); running thence south 34 degrees 13 minutes

Page 4506

west along the northwesterly side of said railroad right of way a distance of 539.3 feet; running thence in a southerly direction along the curvature of the westerly side of said railroad right of way (using a 1150-foot radius) a distance of 757.7 feet; running thence south 3 degrees 32 minutes east along said railroad right of way a distance of 469.2 feet; running thence in a southeasterly direction along the curvature of the southwesterly side of said railroad right of way (using a 1,250-foot radius) a distance of 606.9 feet; running thence south 31 degrees 21 minutes east along the southwesterly side of said railroad right of way a distance of 329.7 feet; running thence south 29 degrees 49 minutes east along the southwesterly side of said railroad right of way a distance of 156.5 feet; running thence south 89 degrees 41 minutes west a distance of 982 feet to the easterly side of the right of way of Moon Station Road; running thence north 5 degrees 49 minutes west along the easterly side of Moon Station Road a distance of 157.2 feet; running thence in a northerly direction along the easterly side of the curvature of the right of way of Moon Station Road (using a 1,400 foot radius) a distance of 219.9 feet; running thence north 3 degrees 11 minutes east along the easterly side of the right of way of Moon Station Road a distance of 288.9 feet; running thence north 0 degrees 10 minutes east along the east side of the right of way of Moon Station Road a distance of 1,942.7 feet to the north line of Land Lot 100 at the point of beginning, and being a tract of land containing 40.716 acres, designated as Parcel `O' of property of Wade Green Road Interchange Properties. All that tract or parcel of land lying and being in Land Lot 91 of the 20th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at the southeast corner of Land Lot 91, which is also the common corner of Land Lots 91, 92, 99 and 100; running thence north 89 degrees 53 minutes west along the south line of Land Lot 91 a distance of 1419.9 feet to the southeasterly side of the right of way of North Carolina St. Louis Railroad (100 foot right of way); running thence north 34 degrees 13 minutes east along the southeasterly side of said railroad right of way a distance of 312.2 feet; running thence north 28 degrees 53 minutes east along the southeasterly

Page 4507

side of said railroad right of way a distance of 311 feet; running thence north 13 degrees 19 minutes east along the southeasterly side of said railroad right of way a distance of 315.5 feet; running thence north 0 degrees 33 minutes west along the easterly side of said railroad right of way a distance of 207.3 feet; running thence north 13 degrees 18 minutes west along the northeasterly side of said railroad right of way a distance of 278.7 feet; running thence north 22 degrees 57 minutes west along the northeasterly side of said railroad right of way a distance of 129.3 feet; running thence north 27 degrees 20 minutes west along the northeasterly side of said railroad right of way a distance of 100 feet; running thence north 33 degrees 20 minutes west along the northeasterly side of said railroad right of way a distance of 200 feet; running thence north 40 degrees 55 minutes west along the northeasterly side of said railroad right of way a distance of 200 feet; running thence north 43 degrees 35 minutes west along the northeasterly side of said railroad right of way a distance of 200 feet; running thence north 41 degrees 05 minutes west along the northeasterly side of said railroad right of way a distance of 200 feet; running thence north 33 degrees 15 minutes west along the northeasterly side of said railroad right of way a distance of 150 feet; running thence north 23 degrees 50 minutes west along the northeasterly side of said railroad right of way a distance of 200 feet; running thence north 13 degrees 45 minutes west along the easterly side of said railroad right of way a distance of 200 feet to the north line of Land Lot 91; running thence south 89 degrees 51 minutes east along the north line of Land Lot 91 a distance of 975 feet to the southwesterly side of the right of way of Baker Road; running thence south 84 degrees 14 minutes east along the southerly side of the right of way of Baker Road a distance of 231.3 feet; running thence south 88 degrees 10 minutes east along the south side of the right of way of Baker Road a distance of 325 feet; running thence north 88 degrees 55 minutes east along the south side of the right of way of Baker Road a distance of 130 feet to the northwest corner of a.41 acre out tract, which point is located 305 feet west from the east line of Land Lot 91, as measured along the south side of the right of way of Baker Road; running thence south along the west line of said.41-acre out tract a distance of 175 feet; running thence east along the south side of said out tract a distance of 105 feet;

Page 4508

running thence north along the east line of said out tract a distance of 179.67 feet to the south side of the right of way of Baker Road; running thence north 88 degrees 55 minutes east along the south side of the right of way of Baker Road a distance of 60 feet to the west line of a.63 acre out tract, which point is located 150 feet west from the east line of Land Lot 91, as measured along the south side of the right of way of Baker Road; running thence south along the west line of said.63 acre out tract a distance of 182.6 feet; running thence east along the south line of said.63 acre out tract a distance of 145 feet to the east line of Land Lot 91; running thence south 0 degrees 47 minutes west along the east line of Land Lot 91 a distance of 1,300 feet; running thence south 1 degree 58 minutes west along the east line of Land Lot 91 a distance of 1,321.5 feet to the southeast corner of Land Lot 91 at the point of beginning, and being designated as Parcels `M' and `L' of property of Wade Green Road Interchange Properties and containing a total of 81.34 acres. All that tract or parcel of land lying and being in Land Lot 91 of the 20th District, 2nd Section, Cobb County, Georgia, containing 44.4 acres according to Survey by Charles C. Franklin, Surveyor, recorded in Plat Book 74, Page 143, Cobb County Records, and being more particularly described as follows: BEGINNING at an iron pin at the intersection of the east side of Moon Station Road and the north line of Land Lot 91, said District and Section, and running thence south 88 degrees 0 minutes 15 seconds east along said land lot line 569.62 feet to an iron pin and corner on the west side of the N.C. St. Louis Railroad 100-foot right of way; and running thence along said railroad right of way the following courses and distances; South 10 degrees 38 minutes 11 seconds east 207.88 feet, thence south 19 degrees 38 minutes 14 seconds east 207.87 feet; thence south 30 degrees 01 minutes 17 seconds east 207.77 feet, thence south 38 degrees 30 minutes 54 seconds east 205.30 feet, thence south 40 degrees 44 minutes 12 seconds east 198.37 feet, thence south 38 degrees 06 minutes 18 seconds east 194.12 feet, thence south 30 degrees 29 minutes 36 seconds east 192.98 feet, thence south 21 degrees 59 minutes 59 seconds east 188.14 feet, thence south 14 degrees 38 minutes 43 seconds east 125.08 feet to an

Page 4509

iron pin and corner in the center line of Chalker Bridge Creek; and running thence in a general westerly direction along and following the center line of Chalker Bridge Creek 1850 feet, more or less, to its point of intersection with the east side of Moon Station Road at an iron pin and corner, which said iron pin and corner is located south 80 degrees 24 minutes 01 seconds west 1451.90 feet from the last-mentioned iron pin and corner; and running thence along the west side of the 60-foot right of way of Moon Station Road the following courses and distances: North 01 degree 44 minutes 52 seconds east 252.88 feet, thence north 01 degree 13 minutes 02 seconds east 264.63 feet, thence north 02 degrees 00 minutes 29 seconds east 383.13 feet, thence north 02 degrees 15 minutes 05 seconds east 395.01 feet, thence north 03 degrees 30 minutes 00 seconds east 246.26 feet, thence north 03 degrees 57 minutes 44 seconds east 227.20 feet to the iron pin at the point of beginning. All that tract or parcel of land lying and being in Land Lot 62 of the 20th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at an iron pin located at the intersection of the southwesterly side of the right of way of Baker Road with the south line of Land Lot 62; running thence north 89 degrees 03 minutes 30 seconds west along the south line of Land Lot 62 a distance of 871.51 feet to the easterly side of the North Carolina St. Louis Railroad right of way (100-foot right of way); running thence north 8 degrees 04 minutes west along the easterly side of said railroad right of way a distance of 396.06 feet; running thence north 9 degrees 29 minutes west along the easterly side of said railroad right of way a distance of 91.19 feet; running thence north 12 degrees 03 minutes west along the easterly side of said railroad right of way a distance of 94.63 feet; running thence north 16 degrees 08 minutes west along the northeasterly side of said railroad right of way a distance of 103.39 feet; running thence north 21 degrees 49 minutes west along the northeasterly side of said railroad right of way a distance of 104.72 feet; running thence north 27 degrees 31 minutes west along the northeasterly side of said railroad right of way a distance of 106.40 feet; running thence north 31 degrees 30 minutes west along said railroad right of way a distance of 101.06 feet;

Page 4510

running thence north 35 degrees 53 minutes 30 seconds west along the northeasterly side of said railroad right of way a distance of 157.74 feet to an iron pin on the southwesterly side of the right of way of Baker Road (60-foot right of way); running thence south 55 degrees 56 minutes 30 seconds east along the southwesterly side of the right of way of Baker Road a distance of 108.97 feet; running thence south 51 degrees 40 minutes east along the southwesterly side of the right of way of Baker Road a distance of 86.83 feet; running thence south 65 degrees 28 minutes 30 seconds east along the southwesterly side of the right of way of Baker Road a distance of 257.01 feet; running thence south 56 degrees 10 minutes east along the southwesterly side of the right of way of Baker Road a distance of 92.20 feet; running thence south 44 degrees 38 minutes east along the southwesterly side of the right of way of Baker Road a distance of 91.88 feet; running thence south 41 degrees 10 minutes east along the southwesterly side of the right of way of Baker Road a distance of 97.87 feet; running thence south 40 degrees 16 minutes east along the southwesterly side of the right of way of Baker Road a distance of 124.66 feet; running thence south 38 degrees 27 minutes east along the southwesterly side of the right of way of Baker Road a distance of 124.25 feet; running thence south 36 degrees 02 minutes 30 seconds east along the southwesterly side of the right of way of Baker Road a distance of 200.14 feet; running thence south 38 degrees 56 minutes east along the southwesterly side of the right of way of Baker Road a distance of 131.78 feet; running thence south 42 degrees 50 minutes 30 seconds east along the southwesterly side of the right of way of Baker Road a distance of 140.47 feet; running thence south 46 degrees 26 minutes east along the southwesterly side of the right of way of Baker Road a distance of 64.29 feet; running thence south 52 degrees 04 minutes east along the southwesterly side of the right of way of Baker Road a distance of 61.98 feet; running thence south 21 degrees 28 minutes west along the southwesterly side of the right of way of Baker Road a distance of 86.24 feet to an iron pin on the south line of Land Lot 62 at the point of beginning and being a tract of land containing 10.67 acres as per plat of survey for Harold S. Willingham made by Johnny R. Knight, Registered Land Surveyor, dated April 13, 1981.

Page 4511

All that tract or parcel of land lying and being in Land Lots Nos. 128 and 129 of the 20th District and 2nd section of Cobb County, Georgia, being ten acres in the Kennesaw District, bounded on the west by lands now or formerly owned by Jno. Orr; on the north by lands now or formerly owned by Ed. Gault and Jim Skelton; on the east by land now or formerly owned by Geo. Skelton more particularly described as commencing at a certain corner at Orr's line and running south 825 feet; thence running east 524 feet to the J. M. Kilgore corner; thence running north 798 feet to Skelton's line; thence west 503 feet to starting point. All that tract or parcel of land lying and being in Land Lots 166, 167, 176 and 177 of the 20th District, 2nd Section, Cobb County, Georgia, shown on plat of survey by Clifton E. Phillips dated October 4, 1975, a copy of which is recorded in Plat Book 64, Page 130, Cobb County records, being more particularly described as follows: BEGINNING at an iron pin at the common corner between Land Lots 166, 167, 176 and 177 said corner being the southwest corner of Land Lot 167; and running thence east along the south land lot line of Land Lot 167, 583.8 feet to an iron pin; thence northeasterly at an interior angle of 79 degrees with the south land lot line of Land Lot 167, 101 feet to an iron pin; thence northeasterly at an interior angle of 166 degrees 25 minutes with the course last above mentioned 185 feet to an iron pin; thence northeasterly at an interior angle of 172 degrees 50 minutes with the course last above mentioned 144 feet to an iron pin; thence southeasterly at an interior angle of 86 degrees 32 minutes with the course last above mentioned 331 feet to an iron pin at the northwesterly right of way of the WA Railroad; thence southwesterly along the northwesterly right of way of the WA Railroad and following the curvature thereof 540 feet to an iron pin; thence southwesterly 1,074.2 feet to an iron pin at the easterly right of way of Due West-Kennesaw Road; thence northerly and northeasterly along the easterly and southeasterly right of way of Due West-Kennesaw Road and following the curvature thereof 749.6 feet to an iron pin at the intersection of the southeasterly right of way of Due West-Kennesaw Road and the east original land lot line of Land Lot 166; thence south along said east original and lot line 200.6 feet to an iron pin and the point of beginning.

Page 4512

All that tract or parcel of land lying and being in Cobb County, Georgia, and in the 20th District and 2nd Section and in Land Lot No. 98 and being a tract of land on the northeast side of Chalker Road and continuing one-half acre, more or less, and is more particularly described as follows: BEGINNING at an iron pin on the northeast side of Chalker Road and at the southeast corner of the Ben Chance lot and also 700 feet as measured along the northeast side of Chalker Road, southeast of the northwest corner of Land Lot 98 this northwest corner of Land Lot 98 is marked with an iron stake that stands 2 feet above the ground, and running north along the land of Ben Chance 300 feet to an iron pin; thence southeasterly along the land of L. C. Chalker 134 feet to an iron pin and brick standing at a pine tree; thence south along the land of L. C. Chalker 250 feet to an iron pin on the northeast side of the Chalker Road; thence northwesterly along the northeast side of Chalker Road 100 feet to point of beginning. All that tract or parcel of land lying and being in Land Lot 177 of the 20th District, 2nd Section, Cobb County, Georgia, being 12.14 acres as shown on a plat of survey made of Evan Schultz and Garry Prewett by John C. Gaskins, R.L.S., dated November 27, 1982 and recorded in Plat Book 81, Page 117, Cobb County Records, and being more particularly described as follows: BEGINNING at the common intersection of Land Lots 177, 178, 203 and 204 of said District and Section; run thence north 0 degrees 48 minutes 04 seconds east, and along the west land lot line of Land Lot 177, said district and section, 500.69 feet to an iron reinforcing bar, said point also being located at the intersection of the southernmost right of way of Stone Wood Drive (a 50 foot right of way) and the west land lot line of Land Lot 177; from said point run thence south 87 degrees 39 minutes 32 seconds east, 1172.45 feet to an iron reinforcing bar; run thence south 24 degrees 55 minutes 48 seconds west, 361.52 feet to a tee bar; run thence south 01 degree 24 minutes 10 seconds west, 150.00 feet to a tee bar located on the south land lot line of Land Lot 177; running thence north 88 degrees 35 minutes 50 seconds west,

Page 4513

1022.72 feet to an iron reinforcing bar and the point of beginning. All that tract or parcel of land lying and being in Land Lot 127 of the 20th District, 2nd Section, Cobb County, Georgia, and being a portion of the right of way of Georgia Highway No. 293 (also known as North Main Street, Old Highway 41, and Dixie Highway) and being more particularly described as follows: BEGINNING at a point formed by the intersection of the westerly right of way line of Giles Road and the northerly right of way line of Georgia Highway No. 293, running thence due south across the right of way of Georgia Highway No. 293 to a point on the southerly right of way line of said highway which point is due south of the above referenced point of intersection; running thence northwesterly along the southwesterly right of way line of Georgia Highway No. 293 to a point formed by the intersection of the southwesterly right of way line of said highway and the northwesterly right of way line of Rutledge Road; running thence due north across the right of way of Georgia Highway No. 293 to a point on the northeasterly right of way line of said highway which point is due north of the last above referenced intersection; running thence southeasterly along the northeasterly right of way line of said Georgia Highway No. 293 to a point formed by the intersection of the northeasterly right of way line of said highway and the westerly right of way line of said Giles Road, said point being the point of beginning. All that tract or parcel of land lying and being in Land Lots 178, 179, 202 and 203 of the 20th District, 2nd Section, Cobb County, Georgia, and being a portion of the right of way of Pine Mountain Road and Shillings Road, and being more particularly described as follows: BEGINNING at a point formed by the intersection of the southeasterly right of way line of Pine Mountain Road and the existing municipal limits of the City of Kennesaw, running thence southwesterly along the southeasterly right of way line of said Pine Mountain Road to a point formed by the intersection of the southeasterly of way line of Pine Mountain Road and the easterly right of way line of Shillings

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Road; running thence southeasterly along the easterly right of way line of Shillings Road to a point which is due east of the point formed by the intersection of the southwesterly right of way line of Shillings Road and the southerly right of way line of Country Lane; running thence due west and crossing the right of way of Shillings Road to a point formed by the intersection of the southwesterly right of way line of Shillings Road and the westerly right of way line of Country Lane; running thence northwesterly along the westerly right of way line of Shillings Road to a point formed by the intersection of the westerly right of way line of Shillings Road and the southeasterly right of way line of Pine Mountain Road; running thence due west and crossing the right of way of Pine Mountain Road to a point on the northwesterly right of way line of Pine Mountain Road, which point is due west of the point of intersection last above mentioned; running thence northeasterly along the northwesterly right of way line of Pine Mountain Road to a point formed by the intersection of the northwesterly right of way line of Pine Mountain Road and the existing municipal limits of the City of Kennesaw; running thence easterly along the southerly line of the municipal limits of the City of Kennesaw and crossing the right of way of Pine Mountain Road to a point formed by the intersection of the southeasterly right of way line of Pine Mountain Road and the existing municipal limits of the City of Kennesaw, which point is the point of beginning. All that tract or parcel of land lying and being in Land Lot 169 of the 20th District, 2nd Section, Cobb County, Georgia, being more particularly described as follows: BEGINNING at an iron pin found located 54.5 feet northeasterly of the intersection of the northwesterly right of way of McCollum Parkway (having a 120 foot right of way) and the west land lot line of Land Lot 169 as measured along the northwest right of way of McCollum Parkway; thence running north 64 degrees 23 minutes 38 seconds east along said right of way a distance of 627.98 feet to the property of Day; running thence north 00 degrees, 53 minutes, 24 seconds west along said Day property 56.83 feet to the north land lot line of Land Lot 169; running thence north 88 degrees 54 minutes 02 seconds west along said land lot

Page 4515

line 194.86 feet to a point; running thence south 89 degrees 00 minutes 44 seconds west a distance of 382.03 feet to a point; running thence south 02 degrees 00 minutes 00 seconds east a distance of 325.56 feet to the northwest right of way of McCollum Parkway and being the point of beginning. All that tract or parcel of land lying and being in Land Lot 141 of the 20th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at an iron pin at the intersection of the southerly right of way line of Rutledge Road (40 foot right of way) and the northerly right of way line of U. S. Highway 41 (200 foot right of way); go thence along the northerly right of way of U. S. Highway 41 on an arc with a chord bearing of south 70 degrees 15 minutes 14 seconds east, a distance of 806.72 feet (chord distance 805.84 feet) to an iron pin; go thence north 12 degrees 35 minutes 55 seconds west a distance of 316.54 feet to an iron pin on the southerly right of way of Rutledge Road; go thence south 88 degrees 34 minutes 07 seconds west along said right of way a distance of 192.59 feet to an iron pin; go thence south 87 degrees 44 minutes 39 seconds west along said right of way a distance of 428.29 feet to an iron pin; go thence along said right of way on an arc with a chord bearing of south 77 degrees 43 minutes 44 seconds west a distance of 71.02 feet (a chord distance of 70.54 feet) to the point of beginning. Said tract contains 2.38 acres. All that tract or parcel of land lying and being in Land Lot 126 of the 20th District and 2nd Section of Cobb County, Georgia, and being 10.035 acres as shown on survey for Blue Ribbon Investors, Inc. prepared by Mayes, Sudderth and Etheredge, Inc. dated August 10, 1971 a copy of which is recorded in Plat Book 54, Page 99, Cobb County Records, and being more particularly described as follows: BEGINNING at an iron pin located at the intersection formed by the northeasterly right of way of Four Lane Highway - U. S. 41 (being a 200 foot right of way) and the northwesterly right of way of Rutledge Road (being a 60 foot right of way); thence running north 77 degrees 27 minutes 06 seconds west, along the northeasterly right of way of Four

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Lane Highway - U. S. 41, for a distance of 240 feet to an iron pin; thence running north 00 degrees 06 minutes 32 seconds east for a distance of 612 feet to an iron pin; thence running north 87 degrees 25 minutes 35 seconds east, for a distance of 658.4 feet to an iron pin; thence running south 00 degrees 38 minutes 01 seconds east, for a distance of 664.2 feet to an iron pin located on the northwesterly right of way of said Rutledge Road; thence running south 86 degrees 04 minutes 56 seconds west, along the northwesterly right of way of said Rutledge Road, for a distance of 433 feet to the iron pin at the point of beginning. All that tract or parcel of land lying and being in Land Lot 141 of the 20th District, 2nd Section of Cobb County, Georgia, being a tract of land consisting of 2 acres as per survey for W. L. English, by B. H. Cox, Land Surveyor, dated November 11, 1966 and being more particularly described as follows: BEGINNING at an iron pin located on the northeastern side of U. S. Highway No. 41, having a right of way of 200 feet in width, a distance of 335 feet southeasterly from the intersection formed by the northeastern side of U. S. Highway No. 41 and the southerly side of Rutledge Road, having a right of way of 40 feet in width and from said point of beginning run thence north 0 degrees 43 minutes west a distance of 116 feet to an iron pin located on the southerly side of Rutledge Road; thence run north 89 degrees 23 minutes east, along the southerly side of Rutledge Road, a distance of 407.3 feet to an iron pin; thence run south 11 degrees 49 minutes east, a distance of 314.1 feet to an iron pin located on the northeastern side of U. S. Highway No. 41; thence run in a northwestern direction along the northeastern side of U. S. Highway No. 41, a distance of 506 feet to the iron pin at the point of beginning. All that tract or parcel of land lying and being in Land Lot 203 of the 20th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point located on the east side of Shillings Road, 493.3 feet south of the intersection of the north line of Land Lot 203; thence running south 86 degrees,

Page 4517

00 minutes, 14 seconds east for a distance of 419.95 feet to an iron pin; thence running north 04 degrees, 31 minutes, 44 seconds east for a distance of 210.03 feet to an iron pin; running thence north 00 degrees, 04 minutes, 09 seconds west for a distance of 209.98 feet to an iron pin; running thence south 88 degrees, 45 minutes, 09 degrees east for a distance of 229.81 feet to an iron pin; running thence north 00 degrees, 16 minutes, 52 seconds east for a distance of 84.04 feet to an iron pin; running thence south 87 degrees, 55 minutes, 41 seconds east for a distance of 670.32 feet to an iron pin; running thence south 02 degrees, 03 minutes, 38 seconds west for a distance of 1,316.46 feet to an iron pin; running thence north 88 degrees, 04 minutes, 01 second west for a distance of 926.48 feet to an iron pin; running thence north 02 degrees, 22 minutes, 51 seconds east for a distance of 209.34 feet to an iron pin; running thence north 87 degrees, 29 minutes, 38 seconds west for a distance of 400 feet to an iron pin on the east side of Schillings Road; running thence north 02 degrees, 42 minutes, 01 second east along the east side of said road for a distance of 613.50 feet to an iron pin, which is the point of beginning, said tract containing 32.72 acres, more or less. Said tract is shown by plat of same prepared by Thomas M. Ginn, Sr., a registered land surveyor in Georgia, dated December 17, 1985. All that tract or parcel of land lying and being in Land Lot 205 of the 20th District, 2nd Section of Cobb County, Georgia, and being more particularly described as follows: Beginning at the corner common to Land Lots 204, 205, 177 and 176, said District, Section and County, and running thence south 88 degrees 04 minutes 56 seconds east a distance of 20.66 feet to a point on the northwestern right of way line of the L N Railroad; running thence in a southwesterly direction along the northwestern right of way line of the L N Railroad the following courses and distances: along the arc of a 2131.84-foot radius curve an arc distance of 22.44 feet to a point, running thence south 67 degrees 51 minutes 30 seconds west a distance of 2.0 feet to a point, thence southwesterly along the arc of a 2133.84-foot radius curve an arc distance of 21.92 feet to a point on the land lot line common to said Land Lots 204, 205; running thence north 02 degrees 54 minutes 36 seconds west along said land

Page 4518

lot line 40.70 feet to the corner common to said Land Lots 204, 205, 177 and 176 and the Point of Beginning; said tract containing 0.01 acre and being described according to plat of survey hereinabove referred to; said tract being all of the property owned by L.F. Daniell in Land Lot 205 which lies to the northwest of the said L N Railroad right of way, per plat of survey for Russell Corporation Albritton Development Co., Ltd., prepared by Gaskins Hogan Surveying Co., Inc., John C. Gaskins, Georgia Registered Land Surveyor, dated November 19, 1982, last revised August 18, 1986. All that tract or parcel of land lying and being in Land Lots 205, 214, 243, 20th District, 2nd Section, Cobb County, Georgia, designated as Tracts II and III on plat of survey for The Russell Corporation, by Gaskins Hogan Surveying Co., Inc., dated November 19, 1982, revised December 20, 1985, updated March 20, 1986 and last revised March 27, 1986, and being more particularly described as follows: Beginning at the point of intersection of the eastern line of said Land Lot 214 and the northwestern right of way line of Stanley Road, said point being marked by an axle found, and running thence southwesterly along the northwestern right of way line of Stanley Road, and following the curvature thereof a distance of 187.75 feet to a point, the arc of the curve between the last two points having a radius of 890 feet; running thence along the northwestern right of way line of Stanley Road and along a course south 85 degrees 39 minutes 02 seconds west a distance of 100.08 feet to a point; running thence southwesterly along the northwestern right of way line of Stanley Road and following the curvature thereof a distance of 474.08 feet to a point; the arc of the curve between the last two points having a radius of 406.12 feet; running thence along the northwestern right of way line of Stanley Road and along a course south 18 degrees 46 minutes 02 seconds west a distance of 2.91 feet to the eastermost corner of property now or formerly belonging to T.D. Rice by virtue of Warranty Deed from Onzelle R. Rice, dated February 18, 1980, recorded in Deed Book 2149, page 145, Cobb County Records, said point being marked by a #4 R.I. bar set; running thence along the northeastern line of said property now or formerly belonging to T.D. Rice and

Page 4519

along a course north 56 degrees 58 minutes 12 seconds west a distance of 358.59 feet to a point marked by a 1-1/2 inch pipe found; running thence along the eastern line of said property of T.D. Rice and along a course north 0 degrees 01 minutes 42 seconds west a distance of 21.11 feet to a point marked by a 3/4 inch pipe found on the southern line of said Land Lot 214; running thence along the southern line of said Land Lot 214 and along the northern line of property now or formerly belonging to T.D. Rice and along a course south 87 degrees 26 minutes 52 seconds west a distance of 322.38 feet to a point on the northeastern right of way line of the L N Railroad, said point being 33 feet from the centerline of said L N Railroad right of way and marked by a #4 R.I. bar found; running thence northwesterly along the northeastern line of said L N Railroad right of way and following the curvature thereof a distance of 63.20 feet to a point marked by a #4 R.I. bar set, the arc of the curve between the last two points having a radius of 2099.68 feet; running thence along the northeastern line of said L N Railroad right of way and along a course north 48 degrees 53 minutes 11 seconds west and along the northeastern line of said L N Railroad right of way a distance of 283.05 feet to a point marked by a #4 rebar set; running thence northwesterly along the northeaster line of said L N Railroad right of way and following the curvature thereof a distance of 724.31 feet to a point marked by a #4 re-bar set, the arc of the curve between the last two points having a radius of 1827.145 feet; running thence along the northeastern line of said L N Railroad right of way and along a course north 25 degrees 15 minutes 03 seconds west a distance of 341.20 feet to a point marked by a #4 re-bar set; running thence northwesterly along the northeastern line of said L N Railroad right of way and following the curvature thereof a distance of 499.39 feet to a point marked by a #4 re-bar set, the arc of the curve between the last two points having a radius of 3418.953 feet; running thence along the northeastern line of said L N. Railroad right of way and along a course north 16 degrees 25 minutes 39 seconds west a distance of 982.48 feet to a point marked by a #4 re-bar set; running thence along the western line of said Land Lot 214, along a course north 02 degrees 54 minutes 36 seconds west a distance of 130.37 feet to a point marked by an iron pin at the northwestern corner of said Land Lot 214, said point being also the southwestern corner of said Land Lot 205;

Page 4520

running thence along the western line of said Land Lot 205 and along a course north 2 degrees 54 minutes 36 seconds west a distance of 914.93 feet to a point marked by a #4 R.I. bar set; running thence along a course north 81 degrees 41 minutes 28 seconds east and along the southern line of property designated on said plat as Tract I a distance of 2164.00 feet to a point marked by a #4 R.I. bar set located on the western line of property now or formerly owned by Betty Ellison Ragsdale, by virtue of deed recorded in Deed Book 1849, page 196, Cobb County Records; running thence along the western line of said property now formerly owned by Betty Ellison Ragsdale, and along a course south 26 degrees 16 minutes 23 seconds east a distance of 1273.58 feet to a point marked by an iron pin found at the southeastern corner of said Land Lot 205; running thence along the eastern line of said Land Lot 214 and along a course south 2 degrees 16 minutes 06 seconds east a distance of 2616.18 feet to a point on the northwestern right of way line of Stanley Road and the point of beginning; containing 198.177 acres, as shown on the above-mentioned plat of survey. All that tract or parcel of land lying and being in Land Lot 214, 20th District, 2nd Section, Cobb County, Georgia, being designated as Tract IV on plat of survey for Russell Corporation and Albritton Development Co., I, Ltd., by Gaskins Hogan Surveying Co., Inc., dated November 19, 1982, last revised by John C. Gaskins on June 9, 1987 and being more particularly described as follows: To find the true point of beginning, begin at the point of intersection of the eastern line of said Land Lot 214 and the northwestern right-of-way line of Stanley Road, said Stanley Road having a 40 foot right-of-way, said point being marked by an axle, and run thence southwesterly along the northwestern right of way line of Stanley Road following the curvature thereof a distance of 187.75 feet to a point, the arc of the curvature between the last two points having a radius of 890.0 feet; run thence along the northern right of way line of Stanley Road and along a course South 85 degrees 39 minutes 02 seconds West a distance of 100.08 feet to a point; run thence southwesterly along the northwestern right of way line of Stanley Road following the curvature thereof a distance of 13.87 feet to a point, the arc of the curvature

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between the last two points having a radius of 406.12 feet; run thence along a course North 2 degrees 16 minutes 06 seconds West a distances of 973.29 feet to a point, said point being the northeastern corner of Tract III as shown on the plat of survey hereinabove referred to and the True Point of Beginning and from said True Point of Beginning as thus established, running thence North 2 degrees 16 minutes 06 seconds West a distance of 2106.19 feet to a point located on the northeastern right of way line of the L N/Seaboard Coast Line Railway; running thence southeasterly along the northeastern right of way line of said L N/Seaboard Coast Line Railway and following the curvature of said right of way line a distance of 445.67 feet to a point marked by a re-bar, the arc of the curvature between the last two points having a radius of 3418.953 feet; running thence along the northeastern right of way line of said L N/Seaboard Coast Line Railway and along a course South 25 degrees 15 minutes 03 seconds East a distance of 61.31 feet to a point; running thence due East a distance of 1938.94 feet to the True Point of Beginning, containing 21.95 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 1989 session of the General Assembly of Georgia, a bill to amend the charter of the City of Kennesaw approved March 17, 1960 (Ga. L. 1960, p. 2506), as amended, to create a new charter approved April 10, 1971 (Ga. L. 1971, p. 3620), as heretofore amended; and for other purposes. This 2nd day of Jan., 1989.

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/s/ Fred Aiken CHUCK CLAY ROY BARNES HUGH RAGAN SALLIE NEWBILL SENATORS JACK VAUGHN HERMAN CLARK STEVE THOMPSON EARL ERHART GRESHAM HOWREN FRED AIKEN JOHNNY ISAKSON JOHNNY GRESHAM TOM WILDER BILL ATKINS 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 6, 1989. /s/ Herman Clark Representative, 20th District Sworn to and subscribed before me, this 24th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989.

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CITY OF TOCCOA CORPORATE LIMITS. No. 235 (House Bill No. 811). AN ACT To amend an Act incorporating the City of Toccoa, approved December 20, 1987 (Ga. L. 1987, p. 341), as amended, so as to change and extend the corporate limits of said city; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act incorporating the City of Toccoa, approved December 20, 1897 (Ga. L. 1897, p. 341), as amended, is amended by adding a new section immediately following Section 3, to be designated Section 3A, to read as follows: Section 3A. (a) In addition to the present territory included within the corporate limits of said city, the corporate limits shall specifically include the following described roads, streets, and rights of way, all of which are located in Stephens County, Georgia: (1) Andrews Drive - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at the intersection of the Westerly right of way line of Currahee Heights Road and the Easterly right of way line of Andrews Drive; thence in a Southwesterly direction 300 feet more or less to the intersection of Andrews Drive and Hilltop Lane; thence continuing through the intersection of Andrews Drive and Hilltop Lane 700 feet more or less to the end of Andrews Drive on the Easterly right of way that portion of Andrews Drive located within

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the corporate limits of the City of Toccoa, and containing all of the property within the right of way of Andrews Drive as described herein. (2) Beaverbrook Circle - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at a point on the Southern right of way of Beaverbrook Drive at its intersection with the Northernmost right of way of Beaverbrook Circle, and this extending in a Southerly direction, bordering on the Western boundary Lot 55, 56, 57, and 58 of Foxdale Sub-Division, bordering on the Southern boundary Lots 53 and 54 of the Foxdale Sub-Division, and bordering on the Eastern boundary Lots 50, 51, and 52 of the Foxdale Sub-Division and extending approximately 500 linear feet more or less to including the cul-de-sac at the Southernmost terminal of Beaverbrook Circle and all of the property within the right of way of Beaverbrook Circle. (3) Beaverbrook Drive - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at the public road which begins at the Eastern right of way of Foxdale Drive and continues in a Southeasterly direction bordering Lots 45, 46, 47, 48, 49, 50, 58, 59, and 29 of the Foxdale Sub-Division on the Southernmost right of way of Beaverbrook Drive and bordering Lots 38, 39, 40, 41, 42, 43, and 44 on the Northernmost right of way of Beaverbrook Drive and extending from the beginning point in an Easterly and Southeasterly direction the distance of 1,700.0 feet more or less and ending at a cul-de-sac adjacent to Lots 44, and 45 of the Foxdale Sub-Division, and being all that property in the right of way of Beaverbrook Drive from its point of beginning to its point of termination as described herein. (4) Georgia Highway 17 (Big A Road) - All that tract or parcel of land lying and being in the 440th District, G.M., and the 267th District, G.M., Stephens County, Georgia, and beginning at the intersection of Big A Road and the corporate limits of the City of Toccoa, thence extending in a Southeasterly direction 3,800 feet more or less to the intersection

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of Georgia Highway 17 and the Northern right of way of Georgia Highway 13 (Toccoa By-Pass) and containing all that property between the Southernmost right of way and the Northernmost right of way of Big A Road from the point of beginning to the point of its intersection of Georgia Highway 13 as more specifically described herein. (5) Brady Street - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at a point at the intersection of Brady Street and the Eastern right of way of Prather Bridge Road and thence in an Easterly direction along Brady Street 399.7 feet more or less to the intersection of Brady Street and Delores Avenue; thence continuing along Brady Street 320 feet more or less to the intersection of Brady Street and Irene Street; thence continuing 150 feet more or less to the intersection of Brady Street and Ethel Street Circle; and thence continuing 395 feet more or less to the intersection of Brady Street and the Eastern portion of Ethel Street; thence continuing 228.74 feet more or less to the end of Brady Street, containing all that property within the right of way of Brady Street from the beginning point to the end of Brady Street as described herein. (6) Collier Road - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at the point of the intersection of Collier Road and the present corporate limits of the City of Toccoa, said corporate limits being the centerline of Eastanollee Creek and thence continuing in a Southwesterly direction along Collier Road a distance of 2,600 feet more or less to the intersection of Collier Road and the Northeastern right of way of Georgia Highway 145 (Liberty Hill Road) and containing all that property between the Northwestern and the Southeastern rights of way of Collier Road from the point of its beginning to its point of intersection with Georgia Highway 145, as more particularly described herein. (7) Collier Mill Road - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as

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follows: BEGINNING at the intersection of Collier Mill Road and the Western right of way of Fernside Drive and extending Northwesterly 500 feet more or less to the end of Collier Mill Road; said tract of land containing all of the property between the Northern and Southern rights of way of Collier Mill Road, and including all the property located in the cul-de-sac at the end of Collier Mill Road as more particularly described herein. (8) Crestwood Drive - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at a point on the Northern right of way of U. S. Highway 123 (West Currahee Street) and its intersection with the Eastern boundary of Crestwood Drive, said point of intersection being 180.34 feet West of the intersection of Georgia Power Company Transmission Line and U. S. Highway 123, thence extending in a Northerly direction 236 feet more or less; thence continuing along the curve of Crestwood Drive in a Northwesterly direction 340 feet more or less; thence in a Westerly direction 90 feet more or less; thence continuing in a Westerly direction 90 feet more or less; thence in a Southerly direction 370 feet more or less to a cul-de-sac marking the termination point of Crestwood Drive, and containing all of that property located in the right of way of Crestwood Drive from its point of beginning to its point of termination as more particularly described herein. (9) East Currahee Street (U. S. Highway 123) - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at the intersection of East Currahee Street and the present corporate limits of the City of Toccoa, thence continuing in an Easterly and Northeasterly direction along the right of way of East Currahee Street (U. S. Highway 123) 5,300 feet more or less to the intersection of East Currahee Street and Tugalo Street, said intersection being common to the lands of owned or formerly owned by LeTourneau. (10) West Currahee Street (U. S. Highway 123) - All that tract or parcel of land lying and being in the 440th

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District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at the intersection of West Currahee Street (U.S. Highway 123) and the current corporate limits of the City of Toccoa, said corporate limits being located to the Southwest of the intersection of West Currahee Street and Foster Street; thence continuing in a Southwesterly direction along West Currahee Street (U. S. Highway 123) 11,200 feet more or less to the intersection with Georgia Highway 13 (Toccoa By-Pass), and containing all the property in the right of way of the West Currahee Street (U. S. Highway 123) from its point of beginning to its point of ending as more particularly described herein. (11) Delores Street - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at a point on the Northern right of way of Patsy Drive; thence continuing in a Northeasterly direction 425 feet more or less to the intersection of Delores Street (Avenue) and the Southern right of way of Brady Street, and containing all the property with in the right of way of Delores Street from its point of beginning to its point of ending as more particularly described herein. (12) Dogwood Lane - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at the intersection of Dogwood Lane and the Northern right of way of Skyline Drive and extending in a Northwesterly direction 314.7 feet more or less to the intersection of Dogwood Lane and the Northern right of way of Cherry Street; thence continuing 304 feet more or less to the intersection of Dogwood Lane as it ends on the Western right of way of Louis Road, and containing all of that property within the right of way of Dogwood Lane from its point of beginning to its point of termination as described herein. (13) Ethel Street Circle - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at a point on the Northern right of way of Brady Street, said point representing the Eastern

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right of way of Ethel Street Circle, and being 930 feet more or less along Brady Street to the Eastern right of way of Prather Bridge Road; thence continuing along Ethel Street Circle in a Northeasterly direction 495 feet more or less; thence in an Easterly direction 310 feet more or less; thence in a Southwesterly direction 470 feet more or less to the intersection of Ethel Street Circle and the Northern right of way of Brady Street, and containing all of that property within the right of way of Ethel Street Circle from its point of beginning to its point of termination as described herein. (14) Fernside Drive - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at the intersection of Fernside Drive and the Northern right of way of Big A Road (Georgia Highway 17); thence continuing in a Northwesterly direction to the intersection of Fernside Drive and Foothill Road; thence continuing in a Northeasterly curvature to the intersection of Fernside Drive and Brookdale Road; thence continuing in a Northwesterly direction to the intersection of Fernside Drive and the Southeastern right of way of East Curahee Street (U.S. Highway 123); and extending from its point of beginning to its point of termination 10,500 feet more or less, and containing all of the property within the right of way of Fernside Drive from its point of beginning to its point of termination as described herein. (15) Fern Valley Circle - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at the Northern right of way of Fern Valley Drive; thence continuing in a Northeasterly direction 950 feet more or less to a cul-de-sac, and containing all of that property within the right of way of Fern Valley Circle as described herein. (16) Fern Valley Drive - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING on the Northwestern right of way of Fernside Drive and continuing in a Northwesterly direction along Fern Valley Drive 400 feet more or less; thence continuing

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in a Westerly direction 390 feet more or less to the intersection of Fern Valley Drive and Fern Valley Circle; thence continuing along Fern Valley Drive 900 feet more or less to the point where the Westernmost point of Fern Valley Drive coincides with the Easternmost point of Malik Drive, containing in total along Fern Valley Drive 1,650 feet more or less, and containing all that property within the right of way of Fern Valley Drive from its point of beginning to its point of coincident with Fern Valley Drive as described herein. (17) Foxdale Circle - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at the intersection of Foxdale Circle and the Southeastern right of way of Foxdale Drive, the Southwestern corner of Foxdale Circle being 589 feet more or less along Foxdale Drive to the Northeastern right of way of Fernside Drive; thence continuing along Foxdale Circle 213 feet more or less to the beginning of a cul-de-sac, the cul-de-sac being the termination point of Foxdale Circle and containing all that property within the right of way of Foxdale Circle from the beginning point to the point of termination as more particularly described herein. (18) Foxdale Court - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING on the Northwestern right of way of Fernside Drive; thence continuing in a Northwesterly direction 306.3 feet more or less; thence continuing along Foxdale Court 300 feet more or less to a cul-de-sac which marks the end of Foxdale Court, and containing all that property within the right of way of Foxdale Court as the same is more particularly described herein. (19) Foxdale Drive - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at the Southern most intersection of Foxdale Drive and the Eastern right of way of Fernside Drive and thence continuing along Foxdale Drive in a Southeasterly direction circling in a Northeasterly direction and in

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a Northwesterly direction to the Northern most intersection of Foxdale Drive and the Southeastern right of way of Fernside Drive and extending 1,900 feet more or less, and containing all of the property within the right of way of Foxdale Drive as more particularly described herein, said right of way being 60 feet more or less along the entire length of Foxdale Drive. (20) Furman Street - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at a point on the Western right of way of Hilltop Lane and continuing in a Southwesterly direction along Furman Street 625 feet more or less; thence continuing in a Northwesterly direction 41.5 feet more or less to the intersection of Furman Street, Valley Drive and Madison Drive, and containing all that property within the right of way of Furman Street, as more particularly described herein. (21) Garland Road - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at the intersection of Garland Road and the present corporate limits of the City of Toccoa, said corporate limits being 580 feet more or less from the intersection of Garland Road and the Northern right of way of Tugalo Street; thence continuing in a Northeasterly direction along Garland Road 300 feet more or less to the Northernmost intersection of Garland Road and the present corporate limits of the City of Toccoa, containing all that property within the right of way of Garland Road as described herein. (22) Hillcrest Drive - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at the intersection of Hillcrest Drive and the current corporate limits of the City of Toccoa, said corporate limits being located 340 feet more or less along Hillcrest Drive from the intersection of Hillcrest Drive and the Southern right of way of Tugalo Road, thence continuing in a Southeasterly direction along Hillcrest Drive 1,100 feet

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more or less to the Southernmost intersection of Hillcrest Drive and the current corporate limits of the City of Toccoa and containing all that property within the right of way of Hillcrest Drive as more particularly described herein. (23) Hilltop Lane - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at the intersection of Hilltop Lane and the Southern right of way of Collins Road; thence continuing in a Southeasterly direction along Hilltop Lane 2,150 feet more or less to the end of Hilltop Lane common to the Northern boundary of the lands of Dodd, thence beginning again at the Southern boundary of the lands of Dodd and continuing along Hilltop Lane 2,000 feet more or less to the end of Hilltop Lane and its intersection with Collins Road, and containing all that property within the right of way of Hilltop Lane as more particularly described herein. (24) Hilltop Lane Extension - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at the intersection of Hilltop Lane Extension and the current corporate limits of the City of Toccoa; thence extending in a Westerly direction along Hilltop Lane Extension 1,350 feet more or less to the point where Hilltop Lane Extension coincides with the beginning of Hilltop Lane, and containing all that property within the right of way of Hilltop Lane Extension as more particularly described herein. (25) Irene Street - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at the intersection of Irene Street and the Northern right of way of Patsy Drive, the Western right of way of Irene Street being 700 feet more or less along Patsy Drive to the Eastern right of way of Prather Bridge Road; thence continuing in a Northeasterly direction along Irene Street 450 feet more or less to the intersection of Irene Street and the Southern right of way of Brady Street, and containing all that property within the right of way of Irene Street as more fully described herein.

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(26) Isbell Circle - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at the intersection of Isbell Circle and the Eastern right of way of Georgia Highway 145 (Liberty Hill Road) and continuing in a Northeasterly direction across the right of way of Southern Railroad and extending 1,300 feet more or less to the end of Isbell Circle, and containing all that property within the right of way of Isbell Circle as more particularly described herein. (27) Industrial Boulevard - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at the Northern right of way of Isbell Circle; thence continuing in a Northerly and then Northwesterly direction along Industrial Boulevard 2,800 feet more or less to the intersection of Industrial Boulevard and the Eastern right of way of Collier Road and containing all of that property within the right of way of Industrial Boulevard as more particularly described herein. (28) King Street - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at the intersection of King Street and the Southern right of way of Collins Road; thence continuing in a Southeasterly direction 900 feet more or less to the end of King Street and containing all that property within the right of way of King Street as more particularly described herein. (29) Lewis Street - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at the intersection of Lewis Street and the Northern right of way of Dogwood Lane; thence continuing in a Northwesterly direction along Lewis Street 1,100 feet more or less to the intersection of Lewis Street and the current corporate limits of the City of Toccoa, said corporate limits of the City of Toccoa, said corporate limits being 443 feet along Lewis Street to the Northern intersection of Rothell Road, and containing all that property within the right of way of Lewis Street as more particularly described herein.

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(30) Liberty Hill Road - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at the intersection of Liberty Hill Road and the current corporate limits of the City of Toccoa, said intersection also being the intersection of Liberty Hill Road and Rose Lane; thence continuing in a Southwesterly direction along Liberty Hill Road (Georgia Highway 145) on the Southern Railway right of way 3,200 feet more or less to the intersection of Liberty Hill Road and the Northeastern right of way of Georgia Highway 13 (Toccoa By-Pass) and containing all that property within the right of way of Liberty Hill Road as more particularly described herein. (31) Lovell Circle - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at the intersection of the Southern right of way of Lovell Road and Lovell Circle; thence continuing in a Southerly direction 410 feet more or less along Lovell Circle; thence in an Easterly and Northeasterly direction along Lovell Circle 1,500 feet more or less to the Westernmost intersection of Lovell Circle and Lovell Road, containing all the property within the right of way of Lovell Circle as more particularly described herein. (32) Lovell Road - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at the intersection of Lovell Road and the Western right of way of Georgia Highway 63 (Mize Road); thence in a Westerly and Southwesterly direction along Lovell Road 3,570 feet more or less to the intersection of Lovell Road and the Northwestern right of way of Lovell Circle and containing all that property within the right of way of Lovell Road as more particularly described herein. (33) Lovers Lane - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at the intersection of Lovers Lane and the Northwestern right of way of Tugalo Street (formerly Georgia Highway 106 and 184); thence in a Northwesterly

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direction along Lovers Lane 6,200 feet more or less to the intersection of Lovers Lane and Eastern right of way of Prather Bridge Road, and containing all that property within the right of way of Lovers Lane as more particularly described herein. (34) Madison Drive - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at the intersection of Madison Drive and the Northwestern right of way of Hilltop Lane and extending in a Southeasterly direction 400 feet more or less to the intersection of Madison Drive and Valley Road, and include all the right of way of Madison Drive as more particularly described herein. (35) Malik Drive - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at the intersection of Malik Drive and the Southeasterly right of way of Currahee Street (U. S. Highway 123) and extending in a Southeasterly direction; thence in an Easterly direction along Malik Drive 1,850 feet more or less to the point where Malik Drive coincides with the beginning of Fern Valley Road, to specifically include all the right of way of within Malik Drive as more particularly described herein. (36) Mize Road (Georgia Highway 63) - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at the intersection of Mize Road (Georgia Highway 63) and the current corporate limits of the City of Toccoa; thence extending in a Southeasterly direction; thence in a Southwesterly direction 8,800 feet more or less to the intersection of Mize Road and the Eastern right of way of Georgia Highway 13 (Toccoa ByPass). (37) Myrtle Street - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at the intersection of Myrtle Street and the

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Southeasterly right of way of Tugalo Street; thence in a Southeasterly direction 1,100 feet more or less to the beginning of Myrtle Street where it intersects with the Northwesterly right of way of Hayes Street, and containing all the right of way within Myrtle Street as more particularly described herein. (38) Northside Drive - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at the intersection of Northside Drive and the current corporate limits of the City of Toccoa; thence extending in a Northeasterly direction 269 feet more or less; thence continuing in a Northwesterly direction 280 feet more or less; thence continuing in a Southwesterly direction 210 feet more or less to the intersection of Northside Drive and the current corporate limits of the City of Toccoa, and containing all of the property located within the right of way of Northside Drive as the same is more particularly described herein. (39) Patsy Drive - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at the intersection of Patsy Drive and the Northeastern right of way of Prather Bridge Road and continuing in an Easterly direction along Patsy Drive 750 feet more or less to the end of Patsy Drive where it terminates with the Northeastern right of way of Irene Street, and containing all the property within the right of way of Patsy Drive as the same is more particularly described herein. (40) Persimmon Street - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at the intersection of Persimmon Street and the current corporate limits of the City of Toccoa; thence continuing in a Southwesterly direction along Persimmon Street 700 feet more or less to the end of Persimmon Street, and containing all the property located within the right of way of Persimmon Street as the same is more particularly described herein.

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(41) Rock Quarry Road - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at the intersection of Rock Quarry Road and the Northeastern right of way of Georgia Highway 17 (Falls Road); thence continuing in a Northeasterly direction 1,500 feet more or less to the intersection of Rock Quarry Road and the Southwestern right of way of Scenic Drive, and containing all that property within the right of way of Rock Quarry Road as the same is described herein. (42) Scenic Drive - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at the Eastern right of way of Prather Bridge Road; thence containing in a Southwesterly and Westerly direction to the intersection of Scenic Drive and Green Valley Drive; thence continuing in a Westerly and Northwesterly direction along Scenic Drive; thence in a Southwesterly direction continuing along Scenic Drive for a total distance of 9,000 feet more or less to the intersection of Scenic Drive with the Northeastern right of way of Rock Quarry Road and containing all the right of way within the Scenic Drive as the same is more particularly described herein. (43) Skyline Drive - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at the intersection of Skyline Drive and the Northwestern right of way of Rothell Road; thence continuing in a Southeasterly direction along Skyline Drive 5,800 feet more or less to the intersection of Skyline Drive and Rose Lane, and containing all that property within the right of way of Skyline Drive as the same is more particularly described herein. Additional references made to the plats of the Meadowbrook Sub-division contained in Plat Book 4, Page 140, and Plat Book 6, Page 33, Stephens County Records for a more complete and accurate description of the Skyline Drive and or Currahee Heights Road as the same is described.

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(44) South Pond Street - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at the intersection of South Pond Street and Mize Road (Georgia Highway 63) and continuing in a Northeasterly direction along South Pond Street 950 feet more or less to the intersection of South Pond Street and the current corporate limits of the City of Toccoa and containing all the right of way within South Pond Street as more particularly described herein. (45) Sycamore Circle - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at the intersection of Sycamore Circle and the Northeastern right of way of Rothell Road, said intersection being the Northernmost intersection of Sycamore Circle and Rothell Road; thence continuing in an Easterly direction 327.3 feet more or less to a point where Sycamore Circle makes a turn in a Southeasterly direction; thence continuing still in a Southeasterly direction 270 feet more or less to the end of Sycamore Circle and continuing at the point where Sycamore Circle turns in a Southeasterly direction and Southwesterly direction a total of 1,100 feet more or less to the point where Sycamore Circle intersects with the Northeastern right of way of Rothell Road; this point being the Southern most intersection of Sycamore Circle and Rothell Road and containing all the right of way of Sycamore Circle as the same is described herein. Reference further made to a Survey of the Meadowbrook Subdivision recorded in Plat Book 4, Page 140, Stephens County Records for a more complete and accurate description of all or a portion of the Sycamore Circle as the same is described herein. (46) Terrace Drive - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at the intersection of Terrace Drive and the current corporate city limits of the City of Toccoa, said corporate limits lying 756 feet more or less East of the intersection of Terrace Drive and the Northeastern right of way of Boulevard Street; thence continuing along Terrace

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Drive in a Easterly direction 75 feet more or less to the intersection of Terrace Drive and the Southwestern right of way of Garland Drive, containing all of the property located within the right of way of Terrace Drive as the same is more particularly described herein. (47) Toccoa By-Pass (Georgia Highway 13) - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at the intersection of the Toccoa By-Pass (Georgia Highway 13) and U. S. Highway 123 (West Currahee Street), continuing in a general Easterly direction along the Toccoa By-Pass 21,600 feet more or less to the intersection of the Toccoa By-Pass and the Western right of way of Georgia Highway 17 (Big A Road) and containing all that property located within the right of way of the Toccoa By-Pass (Georgia Highway 13) as the same is more particularly described herein. (48) Tugalo Street (f/k/a Georgia Highway 106 and 184) - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at the intersection of the corporate limits of Tugalo Street and the corporate limits of the City of Toccoa; thence continuing in a Northeasterly direction along Tugalo Street adjacent to the lands of the Toccoa-Stephens County Airport; thence continuing in a Northeasterly direction to the right of way of the Southern Railway; thence continuing in an Easterly direction for a total of 20,130 feet more or less to the intersection of Tugalo Street and the Western right of way of U. S. Highway 123 (East Currahee Street) and containing all that property located within the right of way of Tugalo Street as the same is more particularly described herein. (49) U. S. Highway 123 - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at the intersection of East Currahee Street (U. S. Highway 123 and Tugalo Street) and proceeding in an Easterly and Northeasterly direction along U. S. Highway 123; thence in a Southeasterly direction continuing along U. S. Highway 123 to the State line boundary between

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the State of Georgia and the State of South Carolina, and containing all that property within the right of way of U. S. Highway 123 as the same is more particularly described herein. (50) Valley Drive - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at the intersection of Valley Drive and the Northwestern right of way of Madison Drive and continuing along Valley Drive in a Northwesterly direction 350 feet more or less to the intersection of Valley Drive and the current corporate city limits of the City of Toccoa, containing all the property within the right of way of Valley Drive as the same is more particularly described herein. (51) Vernon Road - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at the intersection of Vernon Road and the Southeastern right of way of East Currahee Street (U. S. Highway 123) and extending in a Southeasterly direction 700 feet more or less to the end of Vernon Road and containing all of the property located within the right of way of Vernon Road as the same is more particularly described herein. (52) Wesley Circle - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at the intersection of Wesley Circle and the Eastern right of way of Fernside Drive; thence continuing in a Southeasterly direction along Wesley Circle 3,800 feet more or less to the end of Wesley Circle and containing all the property located within the right of way of Wesley Circle as the same is described herein. (53) Wesley Drive - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at the intersection of Wesley Drive and the Eastern right of way of Fernside Drive and extending 450 feet more or less to the intersection of Wesley Drive and the

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Northwesterly right of way of Wesley Circle and containing all the properly located within the right of way of Wesley Drive as the same is described herein. (54) White Pine Road - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at the intersection of White Pine Road and the Westerly right of way of Big A Road (Georgia Highway 17) and extending in a Westerly direction along White Pine Road 4,300 feet more or less to the intersection of White Pine Road and the Eastern right of way of Rose Lane and containing all the property located within White Pine Road as the same is more particularly described herein. (55) Woodlawn Drive - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia and being more particularly described as follows: BEGINNING at the Eastern intersection of Woodlawn Drive and the current corporate city limits of the City of Toccoa and extending in a Northwesterly direction 750 feet more or less to the Western intersection of Woodlawn Drive and the current corporate limits of the City of Toccoa, and containing all the property within the right of way of Woodlawn Drive as the same is described herein. (b) All references to roads, streets, highways, drives, circles, and other references to public rights of way in subsection (a) of this section specifically include the current width of said public road, street, highway, drive, circle, or other rights of way and specifically includes the entire right of way. (c) All references to roads, streets, highways, drives, circles, and other references to public rights of way in subsections (a) and (b) of this section specifically include those roads, streets, highways, drives, circles, and other public rights of way as the same currently exist in the City of Toccoa and Stephens County, Georgia, and as the same are a part of the City of Toccoa public street system, the public street and road system of Stephens County, Georgia, the public street and road system of the State of Georgia and/or the United States, and any other street or road which has been designated in subsections (a) and (b) of this section and which has been dedicated to public purposes. A map,

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designated as `Official Map of the City of Toccoa With Extended Boundaries - 1989' is on file in the office of the clerk of the Superior Court of Stephens County and the office of the clerk of the City Commission of the City of Toccoa and is specifically incorporated by reference for a more complete and accurate description of the location of the extended corporate limits as set forth in subsection (a) of this section. 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 1989 Session of the general Assembly of the state of Georgia a bill to extend and change the boundaries of the City of toccoa, georgia by annexation of certain public streets, roads, and rights of way; to repeal conflicting provisions, and for other purposes. This 9th day of January, 1989. JEANETTE JAMIESON 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 Toccoa Record which is the official organ of Stephens County, on the following date: January 12, 1989.

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/s/ Jeanette Jamieson Representative, 11th District Sworn to and subscribed before me, this 25th day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. CARROLL COUNTY ENHANCED EMERGENCY TELEPHONE NUMBER 911 SYSTEMS; FEES. No. 236 (House Bill No. 814). AN ACT To authorize the governing authority of Carroll County to implement and to exercise the powers conferred by Code Section 46-5-133 of the Official Code of Georgia Annotated, relating to the authority to require telephone companies to divide maintenance fees for the operation of enhanced emergency telephone number 911 systems among subscribers; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Pursuant to the authority of paragraph (1) of subsection (e) of Code Section 46-5-133 of the Official Code of Georgia Annotated, the governing authority of Carroll County is

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authorized to implement and to exercise the powers conferred by Code Section 46-5-133 of the Official Code of Georgia Annotated, relating to the authority to require telephone companies to divide maintenance fees for the operation of enhanced emergency telephone number 911 systems among subscribers. 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 1989 session of the General Assembly of Georgia a bill to authorize the governing authority of Carroll County to provide for the division of maintenance fees among telephone subscribers whose telephones are in the area served by an enhanced emergency telephone number 911 system, as provided for in Code Section 46-5-133 of the Official Code of Georgia Annotated; to provide for related matters; and for other purposes. This 14th day of January, 1989. Honorable Charles A. Thomas, Jr., Representative, 69th District. 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 14, 1989.

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/s/ Charles Thomas Representative, 69th District Sworn to and subscribed before me, this 13th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. BARROW COUNTY WATER AND SEWERAGE AUTHORITY MEMBERS; NUMBER; TERMS; VACANCIES; QUORUM. No. 237 (House Bill No. 815). AN ACT To amend an Act creating the Barrow County Water and Sewerage Authority, approved March 19, 1987 (Ga. L. 1987, p. 4444), so as to provide for a change in the number and method of selecting members; to provide for terms, vacancies, and a quorum; 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 Barrow County Water and Sewerage Authority, approved March 19, 1987 (Ga. L. 1987, p. 4444), 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:

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Section 2. Barrow County Water and Sewerage Authority. (a) There is created a body corporate and politic, to be known as the `Barrow 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 fo seven members who shall be elected by a majority vote of the members of the Board of Commissioners of Barrow County. Each member of the board of commissioners shall nominate a person residing in the district from which such commissioner is elected as a member of the authority, provided that the nominee of the chairman of the board of commissioners may reside anywhere in the county. The terms of the two new members of the authority created by this Act shall begin immediately following the effective date of this Act upon their nomination and election, as provided in this Section, and their terms shall expire January 31, 1991. The members of the authority in office on the effective date of this Act shall serve until the expiration of the terms for which they were elected and their successors shall take office July 1 following the expiration of their terms and their terms shall expire January 31, 1991. Successors to all members shall be nominated and elected in the manner provided for in this section in the month of January, immediately preceding the expiration of a member's term of office in odd-numbered years beginning in 1991, and shall serve for terms of two years and until their successors are elected and qualified. Each member in office on the effective date of this Act shall be deemed to be the representative from the commission district in which such member resides, provided that if two such members reside in the same district one of such members shall be deemed to be from the at-large district. Any member of the authority may be elected to succeed himself. The members of the authority shall be entitled to reimbursement for their actual expenses necessarily incurred in the performance of their duties. The authority shall have the power to establish bylaws and to promulgate and adopt rules and regulations necessary or desirable for the management and operation of the authority.

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(c) To be eligible for nomination as a member of the authority, a person shall be at least 21 years of age and a resident of Barrow County for at least one year prior to the date of his nomination and shall not have been convicted of a felony. Any person who holds an elected office or is an employee of Barrow County is disqualified to serve during the tenure of such persons office and for a period of one year thereafter. (d) The members of the authority shall in February 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) Four members of the authority plus the chairman 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. Any vacancies resulting from operation of this Act or for any other reason shall be filled by nomination and election as provided in subsection (b) of this section, provided that all terms of such persons elected to fill vacancies shall expire January 31 of an even-numbered year. 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 on its own initiative or at the request of residents of Barrow 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

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any contract, work, or business of the authority nor in the sale, lease, or purchase of any property to or from the authority. 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 INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to amend an Act creating the Barrow County Water and Sewerage Authority, approved March 19, 1987 (Ga. L. 1987, p. 4444); to change certain provisions relating to the membership of such authority; and for other purposes. This 30 day of January, 1989. LAW OFFICES OF WILLIAM D. HEALAN, JR. BY: -S- William 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: February 1, 1989.

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/s/ John O. Mobley, Jr. Representative, 64th District Sworn to and subscribed before me, this 9th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. TOWN OF RINCON MAYOR AND COUNCIL; TERMS; ELECTIONS. No. 238 (House Bill No. 816). AN ACT To amend an Act reincorporating the Town of Rincon, approved March 13, 1978 (Ga. L. 1978, p. 3307), as amended by an Act approved April 12, 1982 (Ga. L. 1982, p. 3935), so as to change the provisions relating to terms of office and the election of the mayor and councilpersons; 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 reincorporating the Town of Rincon, approved March 13, 1978 (Ga. L. 1978, p. 3307), as amended by an Act approved April 12, 1982 (Ga. L. 1982, p. 3935), is amended by striking Section 2.3 in its entirety and substituting in lieu thereof a new Section 2.3 to read as follows:

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Section 2.3. (a) The persons in office on the effective date of this section shall continue to serve until the expiration of their regular terms of office and until their successors are duly elected and qualified as hereafter provided in this section. (b) On the Tuesday next following the first Monday in November, 1989, an election shall be held to elect the mayor and three councilpersons. The mayor and three councilpersons so elected shall take office on the first day of January, 1990, for terms of four years and until their successors are elected and qualified. Their successors and future successors shall be elected at an election to be held on the Tuesday next following the first Monday in November immediately preceding the expiration of terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. (c) On the Tuesday next following the first Monday in November, 1990, an election shall be held to elect three councilpersons. The three councilpersons so elected shall take office on the first day of January, 1991, for terms of office expiring on December 31, 1995. Their succesors shall be elected at an election to be held on the Tuesday next following the first Monday in November, 1995, and shall take office on the first day of January, 1996, for terms of four years and until their successors are elected and qualified. Thereafter, their successors and future successors shall be elected at an election to be held on the Tuesday next following the first Monday in November immediately preceding the expiration of terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. (d) All elections for mayor and councilpersons shall be at large by plurality vote. In the elections for mayor provided for in this section, the candidate for mayor receiving the highest number of votes cast for mayor shall be declared the winner. In the elections for councilpersons provided for in this section, the three candidates for councilperson who receive the most votes cast for councilperson shall be declared the winners. Section 2. Said Act is further amended by striking all sections of Article V in their entirety, except Section 5.11 which is

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redesignated as Section 5.2, and substituting in lieu thereof the following: Section 5.1. All elections for mayor and councilpersons provided for in Article II of this charter shall be subject to the provisions of and shall be held and conducted in accordance with the provisions of Chapter 3 of Title 21 of the O.C.G.A., the `Georgia Municipal Election Code.' Plurality elections provided for in Section 2.3 of this charter are pursuant to the specific authority of subsection (a) of Code Section 21-3-407 of the O.C.G.A. 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 1989 session of the General Assembly of Georgia a bill to amend an Act reincorporating the Town of Rincon, approved March 13, 1978 (Ga. L. 1978, p. 3307), as amended, and for other purposes. This 18th Day of January, 1989. George A. Chance, Jr. Representative, 129th District 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 18, 1989.

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/s/ George A. Chance, Jr. Representative, 129th District Sworn to and subscribed before me, this 14th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. CITY OF LAVONIA MUNICIPAL ELECTIONS; MAYOR AND COUNCIL; TERMS. No. 240 (House Bill No. 823). AN ACT To amend an Act granting a new charter to the City of Lavonia, approved June 4, 1964 (Ga. L. 1964, Ex. Sess., p. 2008), as amended, particularly by an Act approved January 2, 1978 (Ga. L. 1978, p. 4240), so as to provide for municipal elections for the mayor and councilmen; to provide for terms of office; 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 granting a new charter to the City of Lavonia, approved June 4, 1964 (Ga. L. 1964, Ex. Sess., p. 2008), as amended, particularly by an Act approved January 2, 1978 (Ga. L. 1978, p. 4240), is amended by striking in its entirety Section 22 and inserting in lieu thereof a new Section 22 to read as follows:

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Section 22. Election of mayor and council. On the Tuesday next following the first Monday in November, 1992, and on the same date every two years thereafter, there shall be an election for the offices of councilmen from posts 1 and 2. On the first Tuesday next following the first Monday in November, 1993, and on said date every two years thereafter, there shall be an election for the office of mayor and for the offices of councilmen from posts 3 and 4. The terms of office of the members of the council shall begin at the day and hour of taking the oath of office as provided in Section 25 of this charter. The mayor and each councilman shall serve for terms of office of two years and until their respective successors are elected and qualified. The mayor and councilmen shall be elected by a majority of the votes cast for each position. The mayor and council may by ordinance prescribe rules and regulations governing qualifying fees, nomination of candidates, absentee ballots, write-in votes, challenge of votes and other such rules and regulations as may be necessary for the conduct of elections in the City of Labonia. The procedures and requirements for election of all elected officials of the city shall be in conformity with the provisions of the Georgia Municipal Election Code, approved April 4, 1968 (Ga. L. 1968, p. 885), as now or hereafter amended; provided, however, that the terms of office shall be as provided in this charter. Section 2. Said Act is further amended by striking Section 46 in its entirety and inserting in lieu thereof a new Section 46 to read as follows: Section 46. Election for mayor and council. On the Tuesday next following the first Monday in November of each year, there shall be held in the City of Lavonia at some public place designated by the mayor and councilmen, a general election to fill vacancies in the offices of mayor and councilmen, whose terms of office shall expire with the end of that calendar year. At all such elections the polls shall not be opened earlier than 7:00 A.M. and shall close at 7:00 P.M. Section 3. This Act shall become effective on July 1, 1989. Section 4. All laws and parts of laws in conflict with this Act are repealed.

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NOTICE OF INTENTION TO APPLY FOR LOCAL LEGISLATION Notice is hereby given that legislation will be sought at the regular session of the General Assembly of Georgia convening on January 9, 1989, for the purpose of establishing the term of office for the offices of Mayor and City Council of Lavonia, Georgia. 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 Franklin County Citizen which is the official organ of Franklin County, on the following date: January 26, 1989. /s/ Louie M. Clark Representative, 13th District Sworn to and subscribed before me, this 14th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989.

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TOWNOF SUMNER MUNICIPAL ELECTIONS; MAYOR AND COUNCIL; TERMS. No. 241 (House Bill No. 825). AN ACT To amend an Act incorporating the Town of Sumner, approved August 9, 1883 (Ga. L. 1882-83, p. 291), as amended, particularly by an Act approved March 18, 1985 (Ga. L. 1985, p. 3775), so as to provide for municipal elections; to provide for elections and terms of office of the mayor and councilmembers; 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 incorporating the Town of Sumner, approved August 9, 1883 (Ga. L. 1882-83, p. 291), as amended, particularly by an Act approved March 18, 1985 (Ga. L. 1985, p. 3775), is amended by striking in its entirety Section 3 and inserting in lieu thereof a new Section 3 to read as follows: Section 3. (a) The mayor and councilmembers in office on the effective date of this section shall serve out the remainder of their respective terms. (b) At the December, 1989, municipal election, the mayor and councilmembers for Posts 2 and 4 shall be elected for two-year terms commencing on the date of the first organizational meeting in January, 1990, and serving until the first organizational meeting in January, 1992, and until their successors are elected and qualified. (c) At the December, 1990, municipal election, the councilmembers for Posts 1 and 3 shall be elected for two-year terms commencing on the date of the first organizational meeting in January, 1991, and serving until the first organizational meeting in January, 1993, and until their successors are elected and qualified.

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(d) Commencing in November, 1992, and in each year thereafter, the municipal election for the Town of Sumner shall be held on the Tuesday next following the first Monday in November for the election of the successors to the mayor and councilmembers whose terms expire the following January. Such officers shall be elected for terms of two years commencing on the date of the first organizational meeting in January following their election. Section 2. This Act is intended to comply with the provisions of subsection (b) of Code Section 21-3-64, so as to provide for two-year terms of office for the mayor and councilmembers and to provide for annual municipal elections. Section 3. This Act shall become effective on July 1, 1989; provided, however, that this Act shall not become effective prior to the effective date of an Act amending Part 1 of Article 3 of Chapter 3 of Title 21 of the O.C.G.A., relating to dates of primaries and elections and terms of office of municipal corporations, so as to authorize annual municipal elections. 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 1989 session of the General Assembly of Georgia a bill to amend Act incorporating the Town of Sumner, approved August 9, 1883 (Ga. L. 1882-83, p. 291), as amended, particularly by an Act approved March 18, 1985 (Ga. L. 1985, p. 3375), so as to provide for municipal elections; to provide for elections and terms of office of the mayor and members of the town council; and for other purposes. Mayor and Town Council Town of Sumner, Georgia

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GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ray Holland, who, on oath, deposes and says that he is Representative from the 136th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Sylvester Local News which is the official organ of Worth County, on the following date: February 9, 1989. /s/ Ray Holland Representative, 136th District Sworn to and subscribed before me, this 14th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. TURNER COUNTY BOARD OF EDUCATION; VACANCIES. No. 242 (House Bill No. 826). AN ACT To amend an Act to provide for the election of members of the board of education of Turner County, approved March 28, 1984 (Ga. L. 1984, p. 4862), as amended, so as to provide a method for

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filling a vacancy on 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 to provide for the election of members of the board of education of Turner County, approved March 28, 1984 (Ga. L. 1984, p. 4862), as amended, is amended by striking in its entirety Section 3 and inserting in lieu thereof a new Section 3 to read as follows: Section 3. Whenever a vacancy occurs on the board of education by death, resignation, removal from the education district, or for any other reason, and more than six months remains of the unexpired term of the vacated office, a successor to serve the remainder of such term of office shall be elected by a special election called as soon as is practicable after such vacancy occurs. If six months or less remains of the unexpired term of the vacated office, a successor to serve the remainder of such term of office shall be selected by the remaining members of the board by majority vote. Persons elected or selected to fill the vacancies as provided by this section shall be subject to the same qualifications as required of other regular elected members of the board of education. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to amend an Act to provide for the election of members of the board of education of Turner County, approved March 28, 1984 (Ga. L. 1984, p. 4862), as amended, so as to provide a method of filling vacancies on such board; and for other purposes.

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This 9th day of February, 1989. Board of Education Turner County, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ray Holland, who, on oath, deposes and says that he is Representative from the 136th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wiregrass Farmer which is the official organ of Turner County, on the following date: February 9, 1989. /s/ Ray Holland Representative, 136th District Sworn to and subscribed before me, this 14th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989.

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TURNER COUNTY BOARD OF ELECTIONS; CREATION. No. 243 (House Bill No. 827). AN ACT To provide a board of elections for Turner County; to define its powers and duties; to provide for appointment, resignation, and removal of its members; to provide for vacancies; to provide for the qualifications and terms of its members; to provide for a chairman, clerical assistants, and other employees; to provide for compensation of such persons and the members of the board; to relieve the judge of the probate court from certain responsibilities; to provide for oaths and privileges from arrest; to provide for the transfer of certain property to the board; to provide for offices, equipment, materials, and supplies; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. (a) For the purposes of this Act, the term: (1) Board means the board of elections created by subsection (b) of this section. (2) County means Turner County. (3) Superior court means the Superior Court of Turner County. (b) Pursuant to the authority of Code Section 21-2-40 of the O.C.G.A., there is created a board of elections for Turner County which shall have jurisdiction over the conduct of primaries and elections in such county. 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

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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. Initial members and their 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 3. No person who holds elective public office shall be eligible to serve as a member during the term of such elective office, and the position of any member shall be deemed vacant upon such member qualifying as a candidate for elective public office. Section 4. Certification of the appointment of each member shall be made by the governing authority of the county filing an affidavit with the clerk of the superior court no later than 15 days preceding the date at which such member is to take office, stating the name and residential address of the person appointed and certifying that such member has been duly appointed as provided in this Act. The clerk of the superior court shall record each of such certifications on the minutes of the court and shall certify the name of each such appointed member to the Secretary of State and provide for the issuance of appropriate commissions to the members within the same time and in the same manner as provided by law for registrars. Section 5. Each member of the board shall be eligible to succeed himself, shall have the right to resign at any time by giving written notice of his resignation to the appointing body and to the clerk of the superior court, and shall be subject to removal from the board by the appointing body at any time, for cause after notice and hearing, in the same manner and by the same authority as provided for removal of registrars.

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Section 6. In the event a vacancy occurs in the office of any appointed member before the expiration of his term, by removal, death, resignation, or otherwise, the original appointing body shall appoint a successor to serve the remainder of the unexpired term as provided for in Section 2 of this Act. The clerk of the superior court shall be notified of interim appointments and record and certify such appointments in the same manner as the regular appointment of members. Section 7. Before entering upon his duties, each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest. Section 8. The board of elections shall: (1) With regard to the preparation for, conduct, and administration of elections, succeed to and exercise all duties and powers granted to and incumbent upon the judge of the probate court pursuant to Title 21 of the O.C.G.A. or any other provision of law; (2) With regard to preparation for and conduct of primaries, succeed to all the duties and powers granted to and incumbent upon the judge of the probate court by Title 21 of the O.C.G.A.; and (3) Formulate, adopt, and promulgate rules and regulations, consistent with law and the rules and regulations of the state executive committee of each political party, governing the conduct of primaries to the end that, insofar as practicable, all primaries shall be uniformly conducted by the board of elections, poll workers shall be properly trained, and voters shall be adequately informed and instructed. Any rule or regulation promulgated by a county executive committee under the provisions of Code Section 21-2-111 of the O.C.G.A. shall be null and void if in conflict with a valid rule or regulation of the board of elections. Section 9. The board shall be responsible for the selection, appointment, and training of poll workers in primaries and elections and such workers shall be appointed, insofar as practicable, from lists provided to the board by the county executive committee of each political party.

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Section 10. Thirty days after the effective date of this Act, the judge of the probate court shall be relieved from all powers and duties to which the board of elections succeeds by the provisions of this Act and shall deliver thereafter to the chairman of the board, upon the chairman's written request, the custody of all equipment, supplies, materials, books, papers, records, and facilities of every kind pertaining to such powers and duties. Section 11. The chairman of the board of elections shall be the chief executive officer of the board of elections and shall generally supervise, direct, and control the administration of the affairs of the board of elections pursuant to law and duly adopted resolutions of the board of elections. The board of elections shall fix and establish by appropriate resolution entered on its minutes directives governing the execution of matters within its jurisdiction. Section 12. Compensation for the members of the board of elections, clerical assistants, and other employees shall be such as may be fixed by the governing authority of the county. Said compensation shall be paid wholly from county funds. Section 13. The governing authority of the county shall provide the board with such proper and suitable offices, equipment, materials, and supplies and with such clerical assistants and other employees as the governing authority shall deem appropriate. Section 14. The words election, elector, political party, primary, public office, special election, and special primary shall have the same meaning ascribed to those words by Code Section 21-2-2 of the O.C.G.A., unless otherwise clearly apparent from the text of this Act. 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 1989 session of the General Assembly of Georgia a bill to create a

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Board of Elections for Turner County, Georgia; and for other purposes. This 9th day of February, 1989. Board of Commissioners Turner County, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ray Holland, who, on oath, deposes and says that he is Representative from the 136th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wiregrass Farmer which is the official organ of Turner County, on the following date: February 9, 1989. /s/ Ray Holland Representative, 136th District Sworn to and subscribed before me, this 14th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989.

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PEACH COUNTY MAGISTRATE COURT; LAW LIBRARY FEES. No. 244 (House Bill No. 829). AN ACT To provide for the collection of an additional fee for the benefit of the Peach County Law Library on each case filed in the Magistrate Court of Peach County; to provide for procedures; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The Magistrate Court of Peach County shall collect a fee not to exceed $5.00 on each case, civil or criminal, filed in said court, in addition to all other legal costs, for the benefit of the Peach County Law Library. The exact amount of such fee shall be set by agreement of the Senior Superior Court Judge of the Macon Judicial Circuit, the Chief Magistrate of Peach County, and the Deputy Magistrate of Peach County. Section 2. The clerk of the magistrate court shall collect the law library fee on each case filed in said court and remit the same to the treasurer of the board of trustees of the law library on the first day of each month. 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 1989 session of the General Assembly of Georgia a bill to provide for collection of additional costs in cases before the Magistrate Court of Peach County as law library fees; to provide for the amount of such fees; to provide for procedures; and for other purposes.

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This 8th day of February, 1989. ROBERT RAY 98th DISTRICT GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert Ray, who, on oath, deposes and says that he is Representative from the 98th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Leader-Tribune which is the official organ of Peach County, on the following date: February 8, 1989. /s/ Robert Ray Representative, 98th District Sworn to and subscribed before me, this 15th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989.

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TOWN OF EAST DUBLIN MAYOR; POWERS. No. 245 (House Bill No. 830). AN ACT To amend an Act providing and establishing the charter of the Town of East Dublin, approved April 9, 1981 (Ga. L. 1981, p. 4645), so as to provide that the mayor shall not have the authority and power to pardon, suspend, or commute the sentence of any person for a violation of any ordinance of said town; 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 providing and establishing the charter of the Town of East Dublin, approved April 9, 1981 (Ga. L. 1981, p. 4645), is amended by striking in its entirety Section 2.16 and inserting in its place a new section to read as follows: Section 2.16. Duties of mayor. The mayor shall be the chief executive officer of the Town of East Dublin. He shall possess all of the executive and administrative powers granted to the town under the Constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this charter. The mayor shall: (1) Preside at all meetings of the council; (2) Vote as a member of the council only at such times as are necessary to break a tie or deadlock of the council; (3) Be the official head of the city for the service of process and for ceremonial purposes; (4) Have power to administer oaths and to take affidavits; (5) Sign all written contracts entered into by the council on behalf of the town and all other contracts and

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instruments executed by the town which by law are required to be in writing; (6) See that all laws and ordinances of the town are faithfully executed; (7) Have veto power and may veto any ordinance, order, or resolution of the city council in which event the same shall not become a law unless subsequently passed over his veto by a vote of at least three councilmen duly recorded on the minutes. Unless the mayor shall file in writing with the city clerk his veto of any measure passed by said council, together with his reason for disapproval within three days after its passage, said measure shall become law, as though approved by him; and (8) Perform other duties as may be required by law, this charter, or ordinance. 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 INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to amend an Act providing and establishing the charter of the Town of East Dublin, approved April 9, 1981 (Ga. L. 1981, p. 4645); and for other purposes. This 18th day of January, 1989. Honorable DuBose Porter Representative, 119th District

Page 4568

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 21, 1989. /s/ DuBose Porter Representative, 119th District Sworn to and subscribed before me, this 14th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. CHATHAM COUNTY AND CITIES LOCATED THEREIN AD VALOREM TAXES. No. 246 (House Bill No. 831). AN ACT To amend an Act providing 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

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Chatham County and the City of Savannah, approved March 10, 1988 (Ga. L. 1988, p. 4151), so as to provide for additional definitions; to provide for certification by the chief assessor of Chatham County; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing 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, approved March 10, 1988 (Ga. L. 1988, p. 4151), is amended by adding at the end of Section 1 new paragraphs (6), (7), and (8), to read as follows: (6) `Certified tax digest' means that annual property tax digest certified by the chief assessor of Chatham County to the Georgia Department of Revenue and approved by the state revenue commissioner. (7) `Values added by reassessments' means all taxable assessed values added to the certified tax digest as a result of revaluation of existing real property, not including taxable values added as a result of new construction or additions or deletions of structures from the most recent certified tax digest or additions or deletions in the aggregate taxable value of property other than real property. (8) `Roll-back rate' means the millage rate levied in the fiscal year immediately preceding the new fiscal year minus the millage equivalent of the values added by reassessment certified by the chief assessor of Chatham 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. On or before October 1, 1989, and on or before such date each year thereafter, the chief assessor of Chatham County shall certify to the governing authority of each taxing jurisdiction within Chatham County:

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(1) The assessed taxable value of all property, by class of property and in total, which is subject to taxation for that fiscal year within the taxing jurisdiction; (2) The assessed taxable value contained in the certified tax digest for that fiscal year which was added by reassessment of existing properties; and (3) Instructions to each governing authority describing the method to compute a millage rate for the next fiscal year which, exclusive of values added by new construction, additions, deletions, and property added or deleted due to geographic boundary changes but inclusive of values added by reassessments, will provide the same ad valorem tax revenue for the taxing jurisdiction's next fiscal year as was levied during the current fiscal year. Section 3. Said Act is further amended by striking subsection (a) of Section 3 and inserting in lieu thereof a new subsection (a) to read as follows: (a) No millage for the fiscal year beginning in 1990 and any year thereafter 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. Section 4. All laws and parts of laws in conflict with this Act are repealed. STATE OF GEORGIA CHATHAM COUNTY Affidavit of Publication X Savannah Morning News Savannah Evening Press

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Personally appeared before me, MARION H. MANSON, to me known, who being sworn, deposes and says: That he is the CLASSIFIED ADV. MGR. 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. 21, 1989, 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 1989 session of the General Assembly of Georgia a bill to amend the act to provide for procedures to be used in determining the millage rates for ad valorem taxation for Chatham County, the City of Savannah, the independent school system of Chatham County and all the municipalities within Chatham County which levy ad valorem property taxes adopted and approved March 24, 1988, Georgia Laws 1988, page 4151. This 21st day of January, 1989. DeWayne Hamilton Representative, District 124 appeared in each of said editions.

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/s/ Marion H. Manson (Deponent) Sworn to and subscribed before me this 25 day of Jan., 1989. /s/ Lillie D. Lang Notary Public, Chatham County, Ga. My Commission Expires Apr. 25, 1989 (SEAL) Approved March 30, 1989. CITY OF POULAN MUNICIPAL ELECTIONS; MAYOR AND COUNCILMEN; TERMS. No. 247 (House Bill 832). AN ACT To amend an Act to create and establish a new charter for the City of Poulan, approved March 7, 1957 (Ga. L. 1957, p. 2702), as amended, so as to provide for municipal elections; to provide for the election and terms of office of the mayor and councilmen; 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 to create and establish a new charter for the City of Poulan, approved March 7, 1957 (Ga. L. 1957, p. 2702), as amended, is amended by striking in its entirety Section 4 and inserting in lieu thereof a new Section 4 to read as follows:

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Section 4. (a) The mayor and councilmen in office on the effective date of this section shall serve out the remainder of their respective terms. (b) At the December, 1989, municipal election, the mayor and the councilmen for Posts 1, 2, and 3 shall be elected for two-year terms commencing on the date of the first organizational meeting in January, 1990, and serving until the first organizational meeting in 1992 and until their successors are elected and qualified. (c) At the December, 1990, municipal election, the council members for Posts 4 and 5 shall be elected for two-year terms commencing on the date of the first organizational meeting in January, 1991, and serving until the first organizational meeting in 1993 and until their successors are elected and qualified. (d) Commencing in November, 1992, and in each year thereafter, the municipal election for the City of Poulan shall be held on the Tuesday next following the first Monday in November for the election of the successors to the mayor and councilmen whose terms expire the following January. Such officers shall be elected for terms of two years commencing on the date of the first organizational meeting in January following their election. Section 2. This Act is intended to comply with the provisions of subsection (b) of Code Section 21-3-64 so as to provide for two-year terms of office for the mayor and councilmen and to provide for annual municipal elections. Section 3. This Act shall become effective on July 1, 1989; provided, however, that this Act shall not become effective prior to the effective date of an Act amending Part 1 of Article 3 of Chapter 3 of Title 21 of the O.C.G.A., relating to dates of primaries and elections and terms of offices of municipal corporations, so as to authorize municipal elections. Section 4. 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 1989 session of the General Assembly of Georgia a bill to amend an Act to create and establish a new charter for the City of Poulan, approved March 7, 1957 (Ga. L. 1957, p. 2702), as amended, to provide for the election and terms of the mayor and council members; and for other purposes. This 9th day of February, 1989. Mayor and City Council City of Poulan GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ray Holland, who, on oath, deposes and says that he is Representative from the 136th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Sylvester Local News which is the official organ of Worth County, on the following date: February 9, 1989. /s/ Ray Holland Representative, 136th District

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Sworn to and subscribed before me, this 14th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. WHITFIELD COUNTY CORONER; COMPENSATION. No. 248 (House Bill No. 834). AN ACT To amend an Act changing the compensation of the coroner of Whitfield County, approved March 21, 1980 (Ga. L. 1980, p. 3698), as amended by an Act approved April 12, 1982 (Ga. L. 1982, p. 4291), and an Act approved March 30, 1987 (Ga. L. 1987, p. 4840), so as to change the provisions relating to 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 changing the compensation of the coroner of Whitfield County, approved March 21, 1980 (Ga. L. 1980, p. 3698), as amended by an Act approved April 12, 1982 (Ga. L. 1982, p. 4291), and an Act approved March 30, 1987 (Ga. L. 1987, p. 4840), is amended by striking Section 1 of said Act and inserting in lieu thereof a new Section 1 to read as follows: Section 1. The coroner of Whitfield County shall receive an annual salary to be fixed by the Board of Commissioners of

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Whitfield County in an amount not to exceed $15,000.00, payable monthly out of county funds. The salary shall be in lieu of all fees and commissions authorized for coroners, except that the coroner shall be reimbursed for his ordinary and necessary expenses in the performance of his duties in Whitfield County. In lieu of the reimbursement of expenses as provided above, the governing authority may authorize the payment to the coroner of a reasonable monthly expense allowance. Section 2. This Act shall become effective on 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 1989 session of the General Assembly of Georgia; a bill to increase the compensation of the Coroner of Whitfield County; and for other purposes. This 24th day of January, 1989. Honorable Philip A. (Phil) Foster, Representative, 6th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Philip A. Foster, who, on oath, deposes and says that he is Representative from the 6th District, and

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that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Daily Citizen-News which is the official organ of Whitfield County, on the following date: January 27, 1989. /s/ Philip A. Foster Representative, 6th District Sworn to and subscribed before me, this 10th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. FULTON COUNTY BOARD OF ELECTIONS AND REGISTRATION; CREATION. No. 250 (House Bill No. 837). AN ACT To create a board of elections and registration for Fulton County, Georgia; to provide for its powers and duties; to provide for membership of the board and appointment of the same; to provide for qualifications of the members; to provide for terms of office; to provide for the continuation of terms of the existing members of the Board of Registration and Elections of Fulton County, Georgia; to provide for oaths of office; to provide for duties of said board; to provide for sample ballots and voter information; to provide for a chief administrative officer of the board; to provide for compensation

Page 4578

and offices; 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. Pursuant to Code Section 21-2-40 of the O.C.G.A., there is created the Fulton County Board of Elections and Registration which shall have the powers and duties of the election superintendent of Fulton County relating to the conduct of elections and the powers and duties of the board of registrars relating to the registration of voters and absentee balloting procedures. Section 2. The board shall be composed of five members, each of whom shall be an elector and resident of Fulton County, who shall be appointed in the following manner: (1) Two members shall be appointed by the governing authority of Fulton County from nominations made 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; (2) Two members shall be appointed by the governing authority of Fulton County from nominations made by the chairman of the county executive committee of the political party whose candidates at the election described in paragraph (1) of this section received the next largest number of such votes; and (3) One member shall be appointed by the governing authority of Fulton County, which member shall be designated permanent chairman of the board. Section 3. No person who holds elective public office shall be eligible to serve as a member of the board during the term of such elective office, and the position of any member of the board shall be deemed vacant upon such member qualifying as a candidate for elective public office.

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Section 4. The appointment of each member shall be made no later than 30 days preceding the date at which such member is to take office by notifying the clerk of the Superior Court of Fulton County in writing of the name and address of the person appointed. The clerk of the Superior Court of Fulton County shall make a record of such notification on the minutes of the court, certify such appointments to the Secretary of State, and provide for the issuance of appropriate commissions, within the same time and in the same manner as provided by law for registrars. In the event the appointing authority fails to make a regular appointment within the time specified in this section or fails to make an interim appointment to fill a vacancy within 90 days after the creation of such vacancy, such regular or interim appointment shall be made forthwith by the governing authority. Section 5. Each member of the board shall serve for a term of two years and until a successor is appointed and qualified, except in the event of resignation or removal as provided in Section 6 of this Act. Each member shall be eligible to succeed himself and shall have the right to resign at any time by giving written notice of resignation to the appointing authority. Each member shall be subject to removal from the board at any time, for cause after notice and hearing, in the same manner and by the same authority as provided for removal of registrars. The members of the Board of Registration and Elections of Fulton County holding office on the effective date of this Act shall continue to hold office until their successors are appointed in accordance with the provisions of this Act. Section 6. In the event a vacancy occurs in the office of any member before the expiration of his term by removal, death, resignation, or otherwise, the appointing authority shall appoint a successor to serve the remainder of the unexpired term. The clerk of the Superior Court of Fulton County shall be notified of interim appointments and record and certify such appointments in the same manner as for regular appointments. Section 7. Before entering upon his duties, each member of the board shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest. Section 8. The board shall be responsible for the registration of electors of Fulton County; the preparing, equipping, and furnishing of polling places; the counting of all ballots, both absentee

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and those regularly cast; and for the selection, appointment, and training of poll workers. Such poll workers shall be appointed, insofar as practicable, from a list provided to the board by the county executive committee of each political party. Section 9. (a) The board shall: (1) With regard to the preparation for the conduct and administration of elections, succeed to and exercise all duties and powers granted to and incumbent upon the probate judge under Chapter 2 of Title 21 of the O.C.G.A., the Georgia Election Code, or any other provision of law; (2) With regard to the preparation for and conduct of primaries: (A) Succeed to all duties and powers granted to and incumbent upon the probate judge under Chapter 2 of Title 21 of the O.C.G.A., the Georgia Election Code; (B) Formulate, adopt, and promulgate rules and regulations consistent with law and the rules and regulations of the state executive committee of each political party governing the conduct of primaries to the end that, insofar as practicable, all primaries shall be uniformly conducted by the county executive committee of each political party, poll workers shall be properly trained, and voters shall be adequately informed and instructed; and (C) Consistent with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the Georgia Election Code, supervise the registration of electors in Fulton County; cooperate with the various municipalities of Fulton County in providing lists of electors within such municipalities; appoint, train, and direct, where deemed necessary, deputy registrars to register qualified electors more adequately and sufficiently; supervise and accept applications for absentee ballots; and transmit absentee ballots to applications therefor, receive and count absentee ballots, and inform and advise the governing authority of the county, the State Election Board, and all other

Page 4581

agencies and officers at interest concerning all of said activities. (b) Nothing in this Act shall be construed to require joint primaries or to require the governing authority or any other public agency to bear any expense of conducting primaries not otherwise required by law. Section 10. With the consent of the governing authority of Fulton County, the board shall be authorized to expend public funds for the purpose of distributing sample ballots, voter information booklets, and other material designed to inform and instruct adequately the electors of the county with regard to elections. Section 11. There shall be a chief administrative officer of the board who shall be appointed by the governing authority of the county upon the recommendation of the board and shall be designated elections supervisor. He shall have such duties and functions in regard to elections as may be prescribed by the board. The elections supervisor shall be an elector of Fulton County. Section 12. The compensation of each member of the board, the elections supervisor, any clerical assistants, and other employees of the board shall be fixed by the governing authority of Fulton County and shall be paid wholly from county funds. Section 13. The governing authority of Fulton County shall provide the board with such proper and suitable offices and with such clerical assistants and other employees as the governing authority shall deem appropriate. Section 14. The words registrars, county registrars, registration, election, elector, political party, and public office shall have the same meaning ascribed to those words by Code Section 21-2-2 of the O.C.G.A., unless otherwise clearly apparent from the text of this Act. Section 15. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 16. All laws and parts of laws in conflict with this Act are repealed.

Page 4582

NOTICE TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to provide for a board of Registration and Elections for Fulton County; and for other purposes. This 10th day of February, 1989. JOHN TYE FERGUSON Associate County Attorney Fulton County, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jim Martin, who, on oath, deposes and says that he is Representative from the 26th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: February 10, 1989. /s/ Jim Martin Representative, 26th District Sworn to and subscribed before me, this 10th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989.

Page 4583

CITY OF MARIETTA MAYOR AND COUNCIL; QUALIFICATIONS; MAYOR PRO TEM; MUNICIPAL COURT EMPLOYEES; BOARD OF LIGHTS AND WATERWORKS; PROBATION OFFICE AND FEES. No. 251 (House Bill No. 847). AN ACT To amend an Act reincorporating the City of Marietta, approved March 23, 1977 (Ga. L. 1977, p. 3541), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4561) and an Act approved March 28, 1986 (Ga. L. 1986, p. 5068), so as to provide for certain qualifications of the mayor and councilmen; to change the salary of the mayor pro tem; to change certain provisions relating to the appointment and removal of certain employees of the municipal court; to provide that two nonresidents shall be appointed to the city board of lights and waterworks; to provide that the probation office shall be under the supervision of the judge of the municipal court; to provide that the probation office may collect from probationers a probation fee; 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, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4561) and an Act approved March 28, 1986 (Ga. L. 1986, p. 5068), is amended by striking in its entirety Section 2.3 and inserting in lieu thereof a new Section 2.3 to read as follows: Section 2.3. Qualifications of mayor and councilmen. To be eligible for the office of mayor or councilman, elected or appointed, a person shall be at least 21 years of age and shall meet the requirements of a qualified voter of the city, as prescribed

Page 4584

by state law, shall not be ineligible for public office pursuant to Code Section 45-2-1 of the O.C.G.A., and, if a councilman, shall be a bona fide resident of the ward from which he seeks election for the same period of time required by Code Section 45-2-1 of the O.C.G.A. for residency of municipal officers within the city. The mayor and each councilman shall continue to reside within the city or ward from which elected, respectively, during their terms of office. No person shall be eligible to be mayor or councilman who shall have been convicted of a crime involving moral turpitude, unless such person's civil rights have been restored. Section 2. Said Act is further amended by striking in its entirety Section 2.7 and inserting in lieu thereof a new Section 2.7 to read as follows: Section 2.7. Mayor pro tem; presiding officer. The mayor pro tem shall be appointed at the January meeting of each year for a term of one year from the councilmen by the mayor with the consent of a majority of the council. The mayor pro tem shall be clothed with all rights, powers, and duties of the mayor during the absence or disability of the latter officer. If there shall be a vacancy in the office of the mayor pro tem, the mayor, with the consent of the majority of the council, may fill the same at any regular meeting of the council or in vacation. In the event of the death or resignation of the mayor or his removal from office, the mayor pro tem shall discharge the duties of the mayor until the vacancy is filled by the selection of a successor as hereinafter provided. If the mayor should not appoint, with the consent of council, a mayor pro tem by January 31 of each year, the council may select the mayor pro tem by majority vote of the council. The mayor pro tem shall be paid in addition to his council salary a salary of $100.00 per month. Section 3. Said Act is further amended by striking in its entirety subsection (c) of Section 4.11 and inserting in lieu thereof a new subsection (c) to read as follows: (c) A municipal court clerk may be appointed to serve at the pleasure of the mayor and upon concurrence of the mayor and a majority of the city council, and such municipal court clerk is subject to removal upon the concurrence of the mayor and a majority of council. The duties of said municipal court clerk

Page 4585

shall be provided for by ordinance. The compensation of such clerk shall be fixed by ordinance. Section 4. Said Act is further amended by striking in its entirety Section 5.1 and inserting in lieu thereof a new Section 5.1 to read as follows: Section 5.1. Created; membership, terms; etc. The board of lights and waterworks, hereinafter referred to as `board' is declared and created a body corporate, with all the powers incident to and necessary to its duties and which has the right to sue and be sued and power to make all contracts and obligations necessary to the duties that devolve upon it and which shall consist of the mayor of the city and a member of the council of the City of Marietta who shall be appointed by the mayor, with the consent of the majority of council, each January to be effective on the first Monday in January following such appointment for a one-year term, three residents of the City of Marietta, and two nonresidents of the City of Marietta who have been recipients of services from the board of lights and waterworks for at least one and one-half years. If the mayor should not appoint, with the consent of council, a member of council by January 31 of each year, the councilmen may select the council appointment from the council by majority vote. The clerk of the city council shall be ex officio clerk of the board of lights and waterworks, but shall not be a member of the board and shall have such duties as said board may impose upon him, and he shall be allowed such compensation as said board of lights and waterworks may fix previous to entering upon his duties. The resident and nonresident members of the board shall be elected by a majority vote of the council and shall serve for a term of four years, and at the end of said time, or sooner if there should be a vacancy in any one of said places, their successors shall be elected by the council for the unexpired term. The members of the board shall be paid such compensation as is set by the council. Section 5. Said Act is further amended by striking in its entirety Section 6.8 and inserting in lieu thereof a new Section 6.8 to read as follows: Section 6.8. Probation office. There is created a probation office which shall be under the supervision of the judge of the municipal court. The probation office shall have the duty of

Page 4586

supervising persons convicted in the municipal court when so directed by the judge of the municipal court. The probation office shall have such other duties as may be given to it by the judge of the municipal court or by ordinance. All matters relating to the operation of the probation office shall be as directed by ordinance. The probation office may collect a monthly probation fee from any individual on probation as is set by the judge of the municipal court not to exceed $10.00. 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 1989 session of the General Assembly of Georgia a bill to amend an Act reincorporating the City of Marietta, Georgia, in Cobb County, and creating a new charter for said city, approved March 23, 1977 (Ga. L. 1977, p. 3541), as amended; and for other purposes: This 2nd day of Jan., 1989. /s/ Fred Aiken CHUCK CLAY ROY BARNES HUGH RAGAN SALLIE NEWBILL SENATORS

Page 4587

JACK VAUGHN HERMAN CLARK STEVE THOMPSON EARL ERHART GRESHAM HOWREN FRED AIKEN JOHNNY ISAKSON JOHNNY GRESHAM TOM WILDER BILL ATKINS REPRESENTATIVES 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: January 6, 1989. /s/ Steve Thompson Representative, 20th District Sworn to and subscribed before me, this 1st day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989.

Page 4588

CITY OF MARIETTA BOARD OF EDUCATION; QUALIFICATIONS; VACANCIES. No. 252 (House Bill No. 849). AN ACT To amend an Act creating a system of public schools for the City of Marietta, approved December 29, 1890 (Ga. L. 1890-91, Vol. II, p. 1014), as amended, particularly by an Act approved April 4, 1967 (Ga. L. 1967, p. 2590) and an Act approved April 12, 1982 (Ga. L. 1982, p. 4558), so as to eliminate the requirement that members of the board of education be freeholders; to provide that a vacancy on the board of education shall be filled by the city council; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a system of public schools for the City of Marietta, approved December 29, 1890 (Ga. L. 1890-91, Vol. II, p. 1014), as amended, particularly by an Act approved April 4, 1967 (Ga. L. 1967, p. 2590) and an Act approved April 12, 1982 (Ga. L. 1982, p. 4558), is amended by striking in its entirety Section 2 and inserting in lieu thereof a new Section 2 to read as follows: Section 2. (a) If two-thirds of the voters of said city entitled to vote in said election shall cast their ballots for public schools and for bonds at said election, then the mayor and council of said city shall, at their regular meeting thereafter, elect six residents who shall compose a board of education for said city. (b) The board of education of the City of Marietta shall consist of six members who shall be chosen as follows: two members shall be chosen by the city council at its first regular meeting in May, 1967, whose terms will begin June 1, 1967, and

Page 4589

expire December 31, 1969. Thereafter, beginning in 1968, council will, at the first regularly scheduled meeting in September, 1968, and each first regular meeting in September each year thereafter, cause an advertisement to be prepared and inserted in a newspaper of general circulation in the City of Marietta, which advertisement will announce that the city council will select two persons at its first regularly scheduled meeting in January to serve for three years on the city school board. Said interested persons shall contact the school superintendent for an explanation of the qualifications, duties, and responsibilities of prospective members as defined from time to time by the city council. At the first regularly scheduled meeting in January, the city council shall elect two persons for a term which shall begin the first Monday in January immediately following said meeting and shall continue for a period of three years or until their successors are chosen. (c) All members of the board of education must have at least a high school education, and hold no other appointed or elected position of the City of Marietta or the city school system; provided, however, that the qualifications to be eligible for office will not apply to any person who was a member of the board of education on December 31, 1966, during either their present terms or any further continuous terms they may be elected to. The members of said board shall be residents of said city and after the first election their terms shall begin and expire with the calendar year. The members of said board shall subscribe an oath on the minutes of the council to discharge faithfully the duties of their office to the best of their ability. (d) When any vacancy shall occur in said board from death, resignation, or otherwise, the unexpired term may be filled by the council at any regular meeting thereafter. (e) Any member of the board of education may be removed for cause at any time by a two-thirds' vote of the city council and a two-thirds' vote of the board of education. Such removal may be voted on only at regular meetings of the board of education and the city council. Section 2. All laws and parts of laws in conflict with this Act are repealed.

Page 4590

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia, a bill to amend an Act creating public schools for Marietta, Georgia, approved December 29, 1890 (Ga. L. 1890, p. 1014), as amended; and for other purposes. This 2nd day of Jan., 1989. /s/ Fred Aiken CHUCK CLAY ROY BARNES HUGH RAGAN SALLIE NEWBILL SENATORS JACK VAUGHN HERMAN CLARK STEVE THOMPSON EARL ERHART GRESHAM HOWREN FRED AIKEN JOHNNY ISAKSON JOHNNY GRESHAM TOM WILDER BILL ATKINS REPRESENTATIVES 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: January 6, 1989.

Page 4591

/s/ Steve Thompson Representative, 20th District Sworn to and subscribed before me, this 1st day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. CITY OF SWAINSBORO MUNICIPAL ELECTION DATE; COUNCIL POSTS; MAYOR AND COUNCIL; TERMS. No. 253 (House Bill No. 851). AN ACT To amend an Act incorporating the City of Swainsboro, approved December 6, 1900 (Ga. L. 1900, p. 427), as amended, so as to change the day of the general municipal election; to provide for council posts; to provide for terms of office of the mayor and council-members; 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 incorporating the City of Swainsboro, approved December 6, 1900 (Ga. L. 1900, p. 427), as amended, is amended by striking Section 12.5 in its entirety and substituting in lieu thereof a new Section 12.5 to read as follows:

Page 4592

Section 12.5 (a) On Tuesday next following the first Monday in November, 1989, and biennially thereafter, a general municipal election shall be held and conducted in said city to elect successors to the mayor and members of the council whose terms of office are expiring at the end of the calendar year following such general municipal election. (b) The mayor shall be elected at the general municipal election conducted in 1989 and quadrennially thereafter. (c) (1) For the purpose of electing members of the city council, the City of Swainsboro shall consist of one election district with six numbered posts designated as Posts 1 through 6, respectively. Persons seeking election to the council shall select the post for which they offer as a candidate. (2) The members of the city council representing Posts 4 and 6 shall be elected at the general municipal election in 1989 and quadrennially thereafter. (3) The members of the city council representing Posts 3 and 5 shall be elected on Tuesday next following the first Monday in November, 1990. The member elected to represent Post 3 shall serve an initial term of office of three years which shall expire on December 31, 1993. The member elected to represent Post 5 shall serve an initial term of office of five years which shall expire on December 31, 1995. Successors to the members of the city council representing Posts 3 and 5 shall be elected at the general municipal election immediately preceding the expiration of their respective terms of office and they shall serve for terms of four years each and until their successors are elected and qualified. (4) The members of the city council representing Posts 1 and 2 shall be elected at the general municipal election in 1991 and quadrennially thereafter. (d) The terms of office of the mayor and members of the city council shall commence on the first day of January immediately following their election and they shall serve for terms of four years each and until their successors are duly elected and qualified.

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(e) (1) The candidate receiving a majority of the votes cast shall be declared the winner of the elective city office such candidate is seeking. (2) In the event that no candidate receives a majority of the votes cast, a run-off election shall be held and conducted in accordance with the ordinances of the city and Chapter 3 of Title 21 of the O.C.G.A., known as the `Georgia Municipal Election Code,' as now or hereafter amended. (3) In the event of a tie between the two candidates receiving the highest number of votes, a special election shall be held and conducted in accordance with the ordinances of the city and Chapter 3 of Title 21 of the O.C.G.A., known as the `Georgia Municipal Election Code,' as now or hereafter amended. 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 1989 Session of the General Assembly of Georgia a bill to amend an act incorporating the City of Swainsboro, approved December 6, 1900 (Ga. L. 1900, P. 427), as amended, so as to change the date of the Georgia Municipal Election; to provide for terms of office of council members; to provide for related matters; and for other purposes. This the 27th day of January, 1989. S. Virgil Wells, Clerk GEORGIA, FULTON COUNTY

Page 4594

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 8, 1989. /s/ Larry J. Parrish Representative, 109th District Sworn to and subscribed before me, this 16th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. CITY OF HINESVILLE MAYOR; CITY COUNCIL; VACANCIES. No. 254 (House Bill No. 852). AN ACT To amend an Act providing a new charter for the City of Hinesville, approved March 10, 1959 (Ga. L. 1959, p. 2604), as amended, so as to change the method of filling vacancies in the office of mayor or city council; to repeal conflicting laws; and for other purposes.

Page 4595

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing a new charter for the City of Hinesville, approved March 10, 1959 (Ga. L. 1959, p. 2604), as amended, is amended by striking Section 14 in its entirety and substituting in lieu thereof a new Section 14 to read as follows: Section 14. In the event of a vacancy in the office of the mayor or any councilmember for any cause whatsoever, the mayor and 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 one year 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 mayor and the city council or those remaining for the balance of the unexpired term. 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., known as the `Georgia Municipal Election Code,' as now or hereafter amended. 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 1989 session of the General Assembly of Georgia a bill to amend an Act providing a new Charter for the City of Hinesville, approved March 10, 1959 (GA. L. 1959, p. 2604) as amended, so as to change the method of filling vacancies in the office of Mayor or City Council; and for other purposes. This 13th day of January, 1989. James M. Floyd Representative District 154

Page 4596

GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James M. Floyd, who, on oath, deposes and says that he is Representative from the 154th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Coastal Courier which is the official organ of Liberty County, on the following date: January 13, 1989. /s/ James M.Floyd Representative, 154th District Sworn to and subscribed before me, this 23rd day of January, 1989. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved March 30, 1989. NORTHEAST GEORGIA SURFACE AND AIR TRANSPORTATION COMMISSION CREATION. No. 255 (House Bill No. 853). AN ACT To create the Northeast Georgia Surface and Air Transportation Commission; to define certain terms; to provide for membership; to provide for appointment, terms, compensation, and removal of members; to provide for filling vacancies; to provide for

Page 4597

powers, duties, and restrictions; to provide for an executive committee and officers of the commission; to provide that no member shall have any financial dealings with the commission; to provide for the issuance and validation of revenue bonds and certificates; to authorize collection and pledging of revenues and earnings for payment of such bonds and certificates; to authorize execution of trust indentures; to provide that credit of member counties and municipalities is not pledged; to provide for a sinking fund; to provide for refunding bonds; to provide for the rights and remedies of bondholders; to provide for replacement of bonds; to provide that bonds issued by the commission are legal investments; to provide that property of the commission is public property; to provide for exemption from taxation of revenue bonds and property of the commission; to declare the need for and purposes and objectives of the commission; to provide for rates, charges, and fees; to provide for rules and regulations; to provide for financial statements and audits; to require competitive bidding on contracts; to provide for the venue and jurisdiction of actions relating to this Act; to require contractors to give bonds; to provide for construction of the Act; to provide for severability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Short title. This Act shall be known and may be cited as the Northeast Georgia Surface and Air Transportation Commission Act. Section 2. Creation of commission. (a) There is created a body corporate and politic, to be known as the Northeast Georgia Surface and Air Transportation Commission, 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 commission shall make rules and regulations for its own government. It shall have perpetual existence. (b) The commission shall be composed of 33 members who shall be appointed as follows: (1) Two members shall be appointed by the governing authority of each member county. One of such members

Page 4598

shall be appointed for an initial term of one year and one for an initial term of three years. Successors to such members shall serve for terms of three years; (2) One member shall be appointed by the governing authority of each member municipality for an initial term of two years. Successors to such members shall serve for terms of three years; and (3) One member shall be elected at large by a majority vote of the remaining members for an initial term of two years. Successors to such member shall serve for a term of three years. All initial members of the commission shall be appointed within 30 days of the effective date of this Act. All members shall be eligible for reappointment. Twenty-one members shall constitute a quorum. Any vacancy on the commission shall be filled by appointment by the governing body responsible for originally appointing such member or in the case of the at-large member, by vote of the remaining members. No vacancy on the commission shall impair the right of the quorum to exercise all the rights and perform all the duties of the commission. (c) The members of the commission shall elect a chairman and vice chairman of the commission from among the members thereof and shall also elect a secretary-treasurer who need not be a member of the commission. The commission shall also elect an executive committee which shall be composed of the chairman and vice-chairman and three additional members elected by a majority of the members of the commission. The executive committee shall have such powers and authority as shall be provided by the bylaws of the commission. Persons elected to the executive committee shall serve on such committee for a term of one year. The members of the commission shall determine their compensation for serving in such capacities. (d) Any member may be removed from office for good cause affecting his ability to perform his duties as a member, for misfeasance, malfeasance, or nonfeasance in office or for violating the conflict of interest provisions of this Act by vote of 21 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 21 of the other members that good cause for removal

Page 4599

affecting the member's ability to perform his duties as a member exists, that he was guilty of misfeasance, malfeasance, or nonfeasance in office, or that he violated the conflict of interest provisions of this Act. Any member who fails to attend three consecutive regular meetings of the commission shall automatically by reason of such fact cease to be a member of the commission. However, such person shall be eligible for reappointment to the commission upon a showing of good cause for failure to attend such meetings. Section 3. Definitions. (a) As used in this Act, the term: (1) Airport means: (A) Any area of land or water or any structure which is or has been used, or which the commission 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 area or structure which is or has been used or which the commission 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) Commission means the Northeast Georgia Surface and Air Transportation Commission created by Section 2 of this Act.

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(3) Cost of the project means the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges, interest prior to and during construction and for one year after completion of construction; cost of engineering, architectural, fiscal, 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, 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 the proceeds of revenue bonds issued under the provisions of this Act for such project. (4) Member county means Banks, Barrow, Clarke, Elbert, Greene, Hall, Jackson, Madison, Morgan, Oconee, Oglethorpe, and Walton 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. (5) Member municipality means the Cities of Athens, Commerce, Elberton, Gainesville, Jefferson, Madison, Monroe, and Winder unless the governing authority of such municipality has adopted a resolution, at any time, declaring that such municipality shall not be a member municipality under this Act. (6) Project means and includes the leasing, acquisition, construction, equipping, maintenance, improving, and operation of public airports and landing fields for the use of aircraft and surface transportation facilities and systems, related buildings and the usual and convenient facilities appertaining to such undertakings, and extensions and improvements of such facilities, acquiring the necessary property, 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 airports and landing fields for the use of aircraft and such surface transportation

Page 4601

facilities and systems, deemed by the commission to be necessary, convenient, or desirable for the operation of such airports, landing fields, and surface transportation facilities and systems. (7) 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 O.C.G.A., known as the Revenue Bond Law, and such type of obligations may be issued by the commission as authorized under said article. In addition, such terms shall also mean obligations of the commission the issuance of which are specifically provided for in this Act. (b) Any project shall be deemed self-liquidating if, in the judgment of the commission, the revenues and earnings to be derived by the commission therefrom will be sufficient to pay the cost of operating, maintaining, repairing, improving, and extending the project and to pay the principal and interest of the revenue bonds which may be issued for the cost of such project or projects. Section 4. Powers. (a) The commission 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 corporate 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 commission, the commission 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

Page 4602

court having jurisdiction of the suit, action, or proceedings as may be just to the commission 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 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 commission upon such terms and for such purposes as they deem advisable; (6) To plan, acquire, establish, develop, construct, enlarge, improve, maintain, equip, and lease all airports which shall come under its control under the provisions of this Act or which it may acquire or plan to acquire; to regulate, protect, and police such airports and all related activities and facilities; to enter into any contracts, leases, or other agreements, promulgate any orders, set any tolls, fees, or other charges for the use of its property or services and collect and use same as necessary to operate the airports under its control and to accomplish any purposes of this Act; and to make any purchases or sales necessary for such purposes; provided, however, that airports owned or operated by a member county or municipality or any authority of a member county or municipality may not be acquired except with the consent of such owner or operator; (7) To contract with any persons, firms, or public or private corporations to supply goods, commodities, facilities,

Page 4603

and services to the public, employees of the commission, 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; (8) 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 for 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 in which a facility is located; 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 commission 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 commission 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; (9) 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; (10) 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;

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(11) 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; (12) 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; (13) To enter into such agreement with any municipality or any county presently operating airports of which the commission may subsequently assume control with respect to the manner of transfer of airport employees from any municipality or any county to the commission as the commission 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; (14) To establish a plan of civil service for officers and employees of the commission or to provide by resolution that such officers and employees of the commission 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; (15) To establish a plan for retirement, disability, hospitalization, and death benefits for officers and employees of the commission 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; (16) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in paragraph (5) of Section 3 of this Act, the cost of any such project to be paid in whole or in

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part from the proceeds and revenue bonds of the commission or from such proceeds and any grant from the United States of America, the State of Georgia, or any agency or instrumentality thereof; (17) 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; (18) 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; (19) 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 (20) To do all things necessary or convenient to carry out the powers expressly given in this Act. (b) Notwithstanding any other provision of this Act to the contrary, the commission 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 5. Members of the commission not to be interested in contracts. The commission is prohibited from entering into a contract for the purchase of goods, property, or service with any member of the commission or the employer, partner, principal, agent, servant, or employee of a commission member. The commission shall not enter into any contract in which any member of the commission is

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financially interested, directly or indirectly. Neither the chairman nor any member of the commission nor a partner, employer, principal, agent, servant, or employee of a commission member shall enter into any contract with the commission or sell to the commission any goods, property, or service; provided, however, this section shall not apply to goods or services purchased from any public utility. Any contract made in violation of this section shall be void. Section 6. Revenue bonds. The commission, or any authority or body which had or which may in the future succeed to the powers, duties, and liabilities vested in the commission 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 of the commission 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 O.C.G.A., 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 commission, and may be made redeemable before maturity, at the option of the commission, at such price or prices and under such terms and conditions as may be fixed by the commission in the resolution providing for the issuance of the bonds. Section 7. Same; form; denominations; registration; place of payment. The commission shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company inside or outside the state. The bonds may be issued in coupon or registered form, or both, as the commission may determine, and provision may be made for the registration of any coupon bond as to principal alone or also as to both the principal and interest. Section 8. 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

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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 commission and the official seal of the commission shall be fixed thereto and attested by the secretary of the commission, and any coupons attached thereto shall bear the signature or facsimile signature of the chairman of the commission. Any coupon may bear the facsimile signature of such person and any bond may be signed, sealed, and attested on behalf of the commission by such persons as at the actual time of the execution of 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 9. 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 10. Same; sale; price. The commission may sell such bonds in such manner and for such price as it may determine to be for the best interest of the commission, 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 O.C.G.A., 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 11. 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.

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Section 12. Same; interim receipts and certificates or temporary bonds. Prior to the preparation of definitive bonds, the commission, under like restrictions, may issue interim receipts, interim certificats, or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter. Section 13. Replacement of lost or mutilated bonds. The commission may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Section 14. Conditions precedent to issuance; object of issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this Act. In the discretion of the commission, 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 commission by a majority of its members. Section 15. Bonds; trust indenture as security. In the discretion of the commission, any issue of such revenue bonds may be secured by a trust indenture by and between the commission and a corporate trustee, which may be any trust company or bank having the powers of a trust company inside or outside of the state. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the commission. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the commission in relation to the acquisition of property; the construction of 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 commission, 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

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also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the commission. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the commission may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture. Section 16. 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 commission 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 17. Same; sinking fund. The revenues, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued unless otherwise pledged and allocated, may be pledged and allocated by the commission to the payment of the principal and interest on revenue bonds of the commission as the resolution authorizing the issuance of the bonds or 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

Page 4610

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 18. 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 commission or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished. Section 19. Same; refunding bonds. The commission is authorized to provide by resolution for the issuance of revenue refunding bonds of the commission 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 commission in respect to the same shall be governed by the foregoing provision of this Act insofar as the same may be applicable. Section 20. Same; venue and jurisdiction. Any action to protect or enforce any rights under this Act or any suit or action against the commission shall be brought in the Superior Court of Hall 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 21. Same; validation. Bonds of the commission shall be confirmed and validated in accordance with the procedures of

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Article 3 of Chapter 82 of Title 36 of the O.C.G.A., 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 commission. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds against the commission issuing the same and any municipality, county, authority, subdivision, or instrumentality contracting with the commission. Section 22. Same; interest of bondholders protected. While any of the bonds issued by the commission remain outstanding, the powers, duties, or existence of the commission or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, and no other entity, department, agency, or authority will be created which will compete with the commission 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 commission. The provisions of this Act shall be for the benefit of the commission and the holders of any such bonds and, upon the issuance of bonds under the provisions of this Act, shall constitute a contract with the holders of such bonds. Section 23. 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 municipality or a pledge of the faith and credit of said county or municipality, 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 or municipality 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 24. Bonds as legal investments for trustees and as lawful deposits of securities with public officers. Any bonds issued by the commission under the provisions of this Act are 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

Page 4612

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 25. Property of commission deemed to be public property. It is declared that all property of the commission 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 26. Taxation of the commission. The property, obligations, and interest on the obligations of the commission shall have the same immunity from taxation as the property, obligations, and interest on the obligations of its member counties. The exemption from taxation herein provided shall not extend to tenants or lessees of the commission. 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. Determination of need for the commission. (a) It is determined and declared that the present and projected rapid growth in commerical and private air traffic in the northeast Georgia area, the need for adequate airports to serve safely and efficiently the air transportation needs of the state and the metropolitan areas of northeast Georgia, 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 air and surface transportation commission for the present and future operation of air and surface transportation facilities. It is further determined

Page 4613

and declared that the establishment of such commission 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. (b) The purposes and objectives of this Act and the commission shall be to meet the needs and requirements recognized in subection (a) of this section through the establishment, maintenance, and operation of unified and coordinated surface and air transportation systems in the northeast Georgia region; to ensure the orderly and proper use and growth of public airports; to ensure that the maximum public benefit is attained from any public airports in existence and from any future airports; to ensure proper planning and establishment of future airports; to ensure maximum participation in national and international air transportation programs; to promote public transportation and commerce; and to provide the effective and economical use of public airports for the public welfare, safety, and convenience. The primary purpose of this commission is to address the airline passenger service needs of the region and is not to supplant or replace the need for general aviation in the region. Section 29. Rates, charges, and revenues; use. The commission 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 public airport, landing fields, surface transportation systems, and related buildings and facilities and to pledge to the punctual payment of said bonds and interest thereon all or any part of the revenues of such undertakings or projects, including the revenues of improvements, betterments, or extensions thereto thereafter made. Section 30. Rules and regulations for operation of projects. It shall be the duty of the commission to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this Act. After the commission has selected a potential site or sites for the regional airport, notice of the site or sites so selected shall be delivered to the board of commissioners of the county wherein the site or sites are located, and the board of commissioners shall have 60 days to notify the commission of its decision to

Page 4614

accept the airport or, in the alternative, submit the question of acceptance or rejection of the regional airport to a public referendum which shall be held within 90 days of the call. Section 31. Financial statements and audit reports. (a) The commission shall establish a fiscal year for its operation and, as soon after the end of each fiscal year as is feasible, the commission shall cause to be prepared and printed a report and financial statement of the commission'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 commission of each member county, and additional copies shall be made available for distribution to the general public on written requests therefor. (b) The commission 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 commission 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 commission deems it necessary or advisable, it shall be authorized to employ a firm of qualified independent engineers to survey the condition of the commission'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 commission of each member county and additional copies shall be made available for distribution to the general public on written request therefor. Section 32. Competitive bidding on contracts. (a) Except in the purchase of unique articles or articles which for any reason are unobtainable in the open market and except as provided in this Act, competitive bids shall be secured before any purchase or sale, by contract or otherwise, is made by the commission or before any contract is awarded for construction, alterations, supplies, equipment, repairs, or maintenance or for rendering any services to the commission 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 in $10,000.00 or more, no purchase of any unique article or other articles unobtainable in the

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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 commission. (b) All purchases, contracts, and sales of $10,000.00 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 commission 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 commission 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. (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 commission. (e) Competitive bidding requirements may be waived if it is determined by the commission 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 statement explaining the emergency shall be entered in the permanent records of the commission. (f) The commission shall have the right to reject any or all bids or parts of any or all bids whenever in the opinion of the commission such rejection is necessary for the protection of the interests of the commission. In such cases, the commission shall readvertise for new bids on the same or different terms. Section 33. Contractors to give bond. Contractors who are awarded contracts by the commission shall be required to give bond in an amount equal to the amount of the bid, with good security,

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for the faithful performance of the contract and to indemnify the commission 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 commission or shall be approved by and filed with such other person as may be designated by the commission. Section 34. 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. Section 35. Liberal construction of Act. This Act, being for the welfare of various political subdivisions of the state and its inhabitants, shall be liberally construed to effect the purposes hereof. Section 36. 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 public airports or landing fields or to issue revenue certificates as is provided by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the Revenue Bond Law. Section 37. 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 38. Repealer. All laws and parts of laws in conflict with this Act are repealed.

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NOTICE OF INTENT TO INTRODUCE LEGISLATION Notice is hereby given that there will be introduced in the 1989 regular session of the Georgia General Assembly a bill to provide for the creation of a Northeast Georgia Surface and Air Transportation Commission; to provide for its organization and duties; and for other purposes. This 30 day of January, 1989. 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 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: February 2, 1989. /s/ Frank E. Stancil Representative, 66th District

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Sworn to and subscribed before me, this 6th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) NOTICE OF INTENT TO INTRODUCE LEGISLATION Notice is hereby given that there will be introduced in the 1989 regular session of the Georgia General Assembly a bill to provide for the creation of a Northeast Georgia Surface and Air Transportation Commission; to provide for its organization and duties; and for other purposes. This thirtieth day of January, 1989. Tyrone Carroll Representative 65th District 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 1, 1989. /s/ Tyrone Carrell Representative, 65th District

Page 4619

Sworn to and subscribed before me, this 10th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Notice of intent to introduce legislation Notice is hereby given that there will be introduced in the 1989 regular session of the Georgia General Assembly a bill to provide for the creation of a Northeast Georgia Surface and Air Transportation Commission; to provide for its organization and duties; and for other purposes. This 1 day of February, 1989. Lauren (Bubba) McDonald Representative 12th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lauren (Bubba) McDonald, 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 1, 1989.

Page 4620

/s/ Lauren (Bubba) McDonald Representative, 12th District Sworn to and subscribed before me, this 6th day of February, 1989. /s/ Jean H. Hodges Notary Public, Clayton County, Georgia My Commission Expires May 12, 1990 (SEAL) NOTICE OF INTENT TO INTRODUCE LEGISLATION Notice is hereby given that there will be introduced in the 1989 regular session of the Georgia General Assembly a bill to provide for the creation of a Northeast Georgia Surface and Air Transportation Commission; to provide for its organization and duties; and for other purposes. This 30 day of January, 1989. George F. Green Representative 106th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George F. Green, who, on oath, deposes and says that he is Representative from the 106th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Greensboro Herald-Journal which is the official organ of Greene County, on the following date: February 3, 1989.

Page 4621

/s/ George F. Green M.D. Representative, 106th District Sworn to and subscribed before me, this 6th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) NOTICE OF INTENT TO INTRODUCE LEGISLATION Notice is hereby given that there will be introduced in the 1989 regular session of the Georgia General Assembly a bill to provide for the creation of a Northeast Georgia Surface and Air Transportation Commission; to provide for its organization and duties; and for other purposes. This 30th day of January, 1989. Louie M. Clark Representative 13th District/Post 1 /s/ Karen Irwin Representative 13th District/Post2 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 Comer News which is the official organ of Madison County, on the following date: February 2, 1989.

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/s/ Louie M. Clark Representative, 13th District/Post 1 Sworn to and subscribed before me, this 6th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) NOTICE OF INTENT TO INTRODUCE LEGISLATION Notice is hereby given that there will be introduced in the 1989 regular session of the Georgia General Assembly a bill to provide for the creation of a Northeast Georgia Surface and Air Transportation Commission; to provide to its organization and duties; and for other purposes. This 30th day of January, 1989. /S/ 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 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: February 2, 1989.

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/s/ Frank E. Stancil Representative, 66th District Sworn to and subscribed before me, this 6th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) NOTICE OF INTENT TO INTRODUCE LEGISLATION Notice is hereby given that there will be introduced in the 1989 regular session of the Georgia General Assembly a bill to provide for the creation of a Northeast Georgia Surface and Air Transportation Commission; to provide for its organization and duties; and for other purposes. This 30th day of January, 1989. Charles W. Yeargin Representative 14th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles W. Yeargin, who, on oath, deposes and says that he is Representative from the 14th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Oglethorpe Echo which is the official organ of Oglethorpe County, on the following date: February 2, 1989.

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/s/ Charles W. Yeargin Representative, 14th District Sworn to and subscribed before me, this 7th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) NOTICE OF INTENT TO INTRODUCE LEGISLATION Notice is hereby given that there will be introduced in the 1989 regular session of the Georgia General Assembly a bill to provide for the creation of a Northeast Georgia Surface and Air Transportation Commission; to provide for its organization and duties; and for other purposes. This 30 day of January, 1989. Charles W. Yeargin Representative 14th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles W. Yeargin, who, on oath, deposes and says that he is Representative from the 14th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Elberton Star which is the official organ of Elbert County, on the following date: February 2, 1989.

Page 4625

/s/ Charles W. Yeargin Representative, 14th District Sworn to and subscribed before me, this 7th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) NOTICE OF INTENT TO INTRODUCE LEGISLATION Notice is hereby given that there will be introduced in the 1989 regular session of the Georgia General Assembly a bill to provide for the creation of a Northeast Georgia Surface and Air Transportation Commission; to provide for its organization and duties; and for other purposes. This 30 day of January, 1989. Louie M. Clark Representative 13th District/Post 1 Karen Irwin Representative 13th District/Post2 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Karen Irwin, who, on oath, deposes and says that she is Representative from the 13th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Comer News which is the official organ of Madison County, on the following date: February 2, 1989.

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/s/ Karen Irwin Representative, 13th District/Post 2 Sworn to and subscribed before me, this 8th day of February, 1989. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) NOTICE OF INTENT TO INTRODUCE LEGISLATION Notice is hereby given that there will be introduced in the 1989 regular session of the Georgia General Assembly a bill to provide for the creation of a Northeast Georgia Surface and Air Transportation Commission; to provide for its organization and duties; and for other purposes. This 30 day of January, 1989. Lawton E. Stephens Representative-68th District Michael L. Thurmond Representative-67th District 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

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Local Legislation was published in the Athens Observer which is the official organ of Clarke County, on the following date: February 2, 1989. /s/ Lawton E. Stephens Representative, 68th District Sworn to and subscribed before me, this 8th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1992 (SEAL) NOTICE OF INTENT TO INTRODUCE LEGISLATION Notice is hereby given that there will be introduced in the 1989 regular session of the Georgia General Assembly a bill to provide for the creation of a Northeast Georgia Surface and Air Transportation Commission; to provide for its organization and duties; and for other purposes. This 1 day of Feb., 1989. Lauren (Bubba) McDonald Representative 12th District GEORGIA, FULTON COUNTY

Page 4628

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lauren (Bubba) McDonald, 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 Banks County News which is the official organ of Banks County, on the following date: February 1, 1989. /s/ Lauren (Bubba) McDonald Representative, 12th District Sworn to and subscribed before me, this 7th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) NOTICE IS HEREBY GIVEN that there will be introduced in the 1989 regular session of the Georgia General Assembly a Bill to provide for the creation of a Northeast Georgia Surface and Air Transportation Commission; to provide for its organization and duties; and for other purposes. This the 2nd day of February, 1989. Jerry D. Jackson, District 9 Post 3; Bobby Lawson, District 9 Post 2; E. Wycliffe Orr, District 9 Post 1 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby Lawson, who, on oath, deposes and says that he is Representative from the 9th District, and that the attached copy of Notice of Intention of Introduce Local Legislation was published in the Times which is the official organ of Hall County, on the following date: February 3, 1989.

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/s/ Bobby Lawson Representative, 9th District Sworn to and subscribed before me, this 8th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) NOTICE OF INTENT TO INTRODUCE LEGISLATION Notice is hereby given that there will be introduced in the 1989 regular session of the Georgia General Assembly a bill to provide for the creation of a Northeast Georgia Surface and Air Transportation Commission; to provide for its organization and duties; and for other purposes. This 30 day of January, 1989. 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 of Introduce Local Legislation was published in the Winder News which is the official organ of Barrow County, on the following date: February 1, 1989.

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/s/ John O. Mobley, Jr. Representative, 64th District Sworn to and subscribed before me, this 10th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. WALKER COUNTY CORONER; COMPENSATION. No. 256 (House Bill No. 854). AN ACT To amend an Act placing the coroner of Walker County on an annual salary, approved March 29, 1965 (Ga. L. 1965, p. 2710), as amended, so as to change the provisions relating to the compensation of the coroner; 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 placing the coroner of Walker County on an annual salary, approved March 29, 1965 (Ga. L. 1965, p. 2710), as amended, is amended by striking Section 1 and inserting in its place a new Section 1 to read as follows: Section 1. (a) In place of the fee system of compensation the coroner of Walker County shall be compensated as provided

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in this section. The compensation provided by this section shall be in place of all fees, commissions, emoluments, and perquisites of whatever kind formerly allowed to the coroner for his services as such. (b) The coroner shall receive a minimum salary of $600.00 per month which shall be paid from the funds of Walker County. The minimum compensation provided in this subsection may be supplemented from time to time in such amount as may be fixed by the governing authority of Walker County. (c) The governing authority of Walker County is also authorized to reimburse the coroner from funds of Walker County for motor vehicle expenses and other expenses incurred in the performance of his duties. Such reimbursement shall be subject to such limits, conditions, and regulation as may be specified by the governing authority. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without 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 1989 session of the General Assembly of Georgia a bill to amend an Act placing the coroner of Walker County on an annual salary, approved March 29, 1965 (Ga. L. 1965, p. 2710), as amended; and for other purposes. This 27th day of January, 1989. MICHAEL M. SNOW.

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GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Michael M. Snow, who, on oath, deposes and says that he is Representative from the 1st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walker County Messenger which is the official organ of Walker County, on the following date: February 3, 1989. /s/ Michael M. Snow Representative, 1st District Sworn to and subscribed before me, this 16th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. CITY OF CAMILLA MAYOR AND COUNCIL; VACANCIES. No. 257 (House Bill No. 855). AN ACT To amend an Act creating a new charter for the City of Camilla, approved March 27, 1972 (Ga. L. 1972, p. 2919), as amended by an Act approved April 17, 1973 (Ga. L. 1973, p. 3008), an Act

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approved April 6, 1981 (Ga. L. 1981, p. 3726), an Act approved March 25, 1984 (Ga. L. 1984, p. 3758), an Act approved March 25, 1986 (Ga. L. 1986, p. 4493), and an Act approved March 5, 1987 (Ga. L. 1987, p. 3773), so as to provide that a vacancy in the office of mayor or councilman shall be filled by special election; to provide for exceptions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a new charter for the City of Camilla, approved March 27, 1972 (Ga. L. 1972, p. 2919), as amended by an Act approved April 17, 1973 (Ga. L. 1973, p. 3008), an Act approved April 6, 1981 (Ga. L. 1981, p. 3726), an Act approved March 25, 1984 (Ga. L. 1984, p. 3758), an Act approved March 25, 1986 (Ga. L. 1986, p. 4493), and an Act approved March 5, 1987 (Ga. L. 1987, p. 3773), is amended by striking Section 2.7 in its entirety and inserting in lieu thereof a new Section 2.7 to read as follows: Section 2.7. Vacancy in Office of Mayor or Councilman. (a) A vacancy shall exist if the mayor or councilman resigns, dies, moves his residence from the city or, in the case of a councilman, moves his residence from the district from which he was elected, or for any other reason is no longer eligible to hold his office, or abandons his office, except if granted a leave of absence by the mayor and council and such leave of absence is entered on the minutes; if he is adjudged incompetent; or if he is convicted of malfeasance in office, a felony, or a misdemeanor involving moral turpitude. (b) In the event the office of mayor or a councilman shall become vacant for any cause whatsoever, the council or the remaining members thereof shall, within ten days after the occurrence of such vacancy, call a special election as provided by law to fill the balance of the unexpired term of office; provided, however, if such term expires within six months from the date the vacancy occurs, the council or the remaining members thereof shall, by majority vote, appoint a qualified person to the remainder of the unexpired term if the vacant office is that of councilman; and if the vacant office is that of the mayor, then the mayor pro tempore shall fill the vacancy for the remainder of the unexpired term.

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Section 2. All laws and parts of laws in conflict with this Act are repealed. PUBLIC NOTICE Notice is hereby given that the Mayor and Council of the City of Camilla have requested Representative Richard Royal to introduce legislation at the 1989 Session of the General Assembly of Georgia to provide for the filling of vacancies in the offices of Mayor and Council. Dated this 10th day of February, 1989. Nell Worsham Clerk, City of Camilla 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 10, 1989. /s/ A. Richard Royal Representative, 144th District

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Sworn to and subscribed before me, this 14th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. CITY OF FUNSTON MAYOR AND COUNCILMEN; ELECTIONS; TERMS. No. 258 (House Bill No. 856). AN ACT To amend an Act providing a new charter for the City of Funston, approved April 17, 1975 (Ga. L. 1975, p. 4044), as amended, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmen; to provide for the authority for this Act; 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 Funston, approved April 17, 1975 (Ga. L. 1975, p. 4044), as amended, is amended by striking Section 2.20 and inserting in its place a new Section 2.20 to read as follows: Section 2.20. Election of mayor; term of office; vacancy. The mayor shall be elected in the manner provided by Article V of this charter for a term of two years. A vacancy in the office of the mayor shall be filled for the remainder of the unexpired term, if any, as provided in Article V of this charter.

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Section 2. Said Act is further amended by striking Section 5.10 and inserting in its place a new Section 5.10 to read as follows: Section 5.10. Regular elections. (a) The two councilmen elected in January, 1988, whose terms normally expire on the second Tuesday of January, 1990, shall remain in office only until December 31, 1989, and until their successors are elected and qualified. On the Tuesday next following the first Monday in November of 1989, and biennially thereafter, the successors to such two councilmen shall be elected and shall serve for terms 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. (b) The three councilmen elected in January, 1989, whose terms normally expire on the second Tuesday of January, 1991, shall remain in office only until December 31, 1990, and until their successors are elected and qualified. On the Tuesday next following the first Monday in November of 1990, and biennially thereafter, the successors to such three councilmen shall be elected and shall serve for terms 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. (c) The mayor elected in January, 1988, whose term normally expires on the second Tuesday in January, 1990, shall remain in office only until December 31, 1989, and until a successor is elected and qualified. On the Tuesday next following the first Monday in November, 1989, and biennially thereafter, the successor to such mayor shall be elected and shall serve for a term of office of two years and until a successor is elected and qualified and shall take office on the first day of January following such election. Section 3. This Act is enacted pursuant to the authority provided for in subsection (c) of Code Section 21-3-64 of the O.C.G.A. Section 4. 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 1989 session of the General Assembly of Georgia, a bill to amend an ACT providing a new charter for Town of Funston approved April 17, 1975 (Ga. L. 1975, P. 4044), as amended; and for other purposes. This 8th day of February 1989. Signed-A Richard Royal Representative 144th District 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 hs is Representative from the 144th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Observer which is the official organ of Colquitt County, on the following date: February 10, 1989. /s/ A. Richard Royal Representative, 144th District Sworn to and subscribed before me, this 15th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989.

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CITY OF SALE CITY MAYOR AND COUNCILMEN; ELECTIONS; TERMS. No. 259 (House Bill No. 857). AN ACT To amend An Act incorporating the City of Sale City in Mitchell County, approved August 12, 1910 (Ga. L. 1910, p. 1117), as amended, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmen; to provide for the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act incorporating the City of Sale City in Mitchell County, approved August 12, 1910 (Ga. L. 1910, p. 1117), as amended, is amended by striking subsections (a) through (e) of Section 4 and inserting in their place new subsections (a) through (e), respectively, to read as follows: (a) The mayor and the two councilmen from Posts 1 and 2 in office on January 1, 1989, whose terms normally expire on the second Monday in January, 1990, shall remain in office until the normal expiration of their terms, and until their successors are elected and qualified. On the Tuesday next following the first Monday in November of 1989, and biennially thereafter, the mayor and the two councilmen from Posts 1 and 2 shall be elected and shall serve for terms of office of two years and until their successors are elected and qualified. (b) The three councilmen from Posts 3, 4, and 5 in office on January 1, 1990, whose terms normally expire on the second Monday in January, 1992, shall remain in office only until the

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second Monday in January, 1991, and until their successors are elected and qualified. On the Tuesday next following the first Monday in November, 1990, and biennially thereafter, three councilmen from Posts 3, 4, and 5 shall be elected and shall serve for terms of office of two years and until their successors are elected and qualified. (c) The mayor and each councilman elected pursuant to this section shall take office at the first organizational meeting following their election. (d) Reserved. (e) Reserved. Section 2. This Act is enacted pursuant to the authority provided for in subsection (c) of Code Section 21-3-64 of the O.C.G.A. Section 3. All laws and parts of laws in conflict with this Act are repealed. PUBLIC NOTICE Notice is hereby given that the Mayor and Council of the City of Sale City have requested Representative Richard Royal to introduce legislation at the 1989 Session of the General Assembly of Georgia to provide for two year staggered terms for the Mayor and Councilmen. Dated this 10th day of February, 1989. Jan McLeod Clerk, City of Sale City GEORGIA, FULTON COUNTY

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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 10, 1989. /s/ A. Richard Royal Representative, 144th District Sworn to and subscribed before me, this 14th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. BULLOCH COUNTY STATE COURT; JUDGE; SOLICITOR; COMPENSATION. No. 260 (House Bill No. 858). 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 24, 1988 (Ga. L. 1988, p. 4755), so as to change the compensation of the judge and solicitor of said court; to provide an effective date; to repeal conflicting laws; and for other purposes.

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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 24, 1988 (Ga. L. 1988, p. 4755), is amended by striking Section 2 in its entirety and substituting in lieu thereof a new section 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 $18,000.00 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 Section 4A in its entirety and substituting in lieu thereof a new Section 4A to read as follows: Section 4A. The Solicitor 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 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 January 1, 1990. Section 4. 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 1989 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Bulloch County, approved August 10, 1903 (Ga. L. 1903, pg. 153), as amended, so as to change the compensation of the Judge and Solicitor of State Court, and for other purposes. 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 Godbee, who, on oath, deposes and says that he is the Representative from the 110th District, and that pursuant to O.C.G.A. Sec. 28-1-14, 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: January 6, 1989. /s/ John Godbee Representative, 110th District

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Sworn to and subscribed before me, this 30th day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. CITY OF RICEBORO CORPORATE LIMITS. No. 261 (House Bill No. 859). AN ACT To amend an Act incorporating the City of Riceboro in Liberty County, approved August 20, 1926 (Ga. L. 1927, p. 1493), as amended, so as to change the provisions relating to 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 Riceboro in Liberty County, approved August 20, 1926 (Ga. L. 1927, p. 1493), 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. The corporate limits of the City of Riceboro shall include the territory of Liberty County within the following boundaries: Beginning at a point where the channel of Riceboro Creek crosses the western right-of-way of U.S. Highway 17; then westerly along the center of the channel of Riceboro

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Creek to the point where it crosses the Barrington Ferry Road; then southerly along a line parallel to but 100 yards west of the western right-of-way line of Barrington Ferry Road to its intersection 100 yards south and 100 yards west of the intersection of the western right-of-way line of the Barrington Ferry Road with the southern right-of-way line to the Sandy Run Road; then easterly along a line parallel to but 100 yards south of the Sandy Run Road to a point 100 yards south and 100 yards east of the intersection of the eastern right-of-way line of U.S. Highway 17; then continuing northerly along a line parallel to but 100 yards east of the eastern right-of-way of U.S. Highway 17 to a point of intersection with the southern right-of-way of the Latson and Peter King Road; then continuing easterly along a line parallel to but 100 yards south, east and north of the southern, eastern and northern right-of-way of Latson and Peter King Road to the eastern right-of-way of U.S. Highway 17; then continuing northerly along a line parallel to but 100 yards east of the eastern right-of-way of U.S. Highway 17 to the point of the existing city boundary; then continuing northerly and then westerly along the existing city boundary with a radius of one mile from the center of U.S. Highway 17 and the Seaboard Coastline Railroad to the point where it crosses the western right-of-way of U.S. Highway 17 at 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 1989 regular session of the General Assembly a bill to amend the act incorporating the City of Riceboro, approved August 20, 1927 (Ga. L. 1927, p. 1493), as amended, and for other purposes.

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John McIver Mayor, City of Riceboro City Council City of Riceboro Joe Hammill State Senator George A. Chance State Representative James Floyd State Representative 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 Coastal Courier which is the official organ of Liberty County, on the following date: January 27, 1989. /s/ George A. Chance, Jr. Representative, 129th District Sworn to and subscribed before me, this 14th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989.

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CITY OF ST. MARYS MAYOR AND COUNCIL; VACANCIES. No. 262 (House Bill No. 865). AN ACT To amend an Act providing a new charter for the City of St. Marys, Georgia, approved April 9, 1981 (Ga. L. 1981, p. 4763), as amended, so as to change the provisions relating to the filling of vacancies in the office of mayor or any councilmember; 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 St. Marys, Georgia, approved April 9, 1981 (Ga. L. 1981, p. 4763), as amended, is amended by striking Section 3-202 in its entirety and inserting in lieu thereof a new Section 3-202 to read as follows: Section 3-202. When a vacancy occurs in the office of the mayor or any councilmember as a result of death, removal disqualification, resignation, or other cause, and the unexpired term of office exceeds six months in duration, it shall be the duty of the remaining members of the offices of mayor and councilmember 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 remaining members of the offices of mayor and councilmember shall have the power to appoint a successor to fill the unexpired term. 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 1989 session of the General Assembly of Georgia a bill to amend the charter for the City of St. Marys; and for other purposes. This 3rd day of January, 1989. Harry Dixon Representative, 151st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry D. Dixon, who, on oath, deposes and says that he is Representative from the 151st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Camden County Tribune which is the official organ of Camden County, on the following date: February 2, 1989. /s/ Harry D. Dixon Representative, 151st District Sworn to and subscribed before me, this 14th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989.

Page 4648

HARALSON COUNTY MAGISTRATE COURT; LAW LIBRARY FEES. No. 263 (House Bill No. 866). AN ACT To provide authority for the imposition of county law library fees as a part of the court costs in the Magistrate Court of Haralson County; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. For the purpose of providing funds for those uses specified in Code Section 36-15-7 of the O.C.G.A., the Magistrate Court of Haralson County shall be authorized to impose a county law library fee upon all cases as authorized and defined in Code Section 36-15-9 of the O.C.G.A., in addition to all other legal costs. Section 2. The amount of the fee to be imposed shall be no greater than the sum authorized in Code Section 36-15-9 of the O.C.G.A. and shall be in the same sum as that set by the chief judge of the superior court of the judicial circuit in which the magistrate court is situated. Section 3. All of the provisions of Chapter 15 of Title 36 of the O.C.G.A. shall apply to and govern the Magistrate Court of Haralson County. Section 4. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.

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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 1989 session of the General Assembly of Georgia a bill to provide authority for the imposition of county law library fees as a part of the court costs in the Magistrate Court of Haralson County; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. This 10th day of February, 1989. Mark Murphy, Chief Magistrate Haralson County, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Murphy, who, on oath, deposes and says that he is Representative from the 18th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Haralson Gateway-Beacon which is the official organ of Haralson County, on the following date: February 16, 1989. /s/ Thomas B. Murphy Representative, 18th District

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Sworn to and subscribed before me, this 20th day of February, 1989. /s/ Robert E. Rivers, Jr. Notary Public My Commission Expires July 24, 1989 (SEAL) Approved March 30, 1989. POLK COUNTY MAGISTRATE COURT; LAW LIBRARY FEES. No. 264 (House Bill No. 867). AN ACT To provide authority for the imposition of county law library fees as a part of the court costs in the Magistrate Court of Polk County; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. For the purpose of providing funds for those uses specified in Code Section 36-15-7 of the O.C.G.A., the Magistrate Court of Polk County shall be authorized to impose a county law library fee upon all cases as authorized and defined in Code Section 36-15-9 of the O.C.G.A., in addition to all other legal costs. Section 2. The amount of the fee to be imposed shall be no greater than the sum authorized in Code Section 36-15-9 of the O.C.G.A. and shall be in the same sum as that set by the chief judge of the superior court of the judicial circuit in which the magistrate court is situated.

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Section 3. All of the provisions of Chapter 15 of Title 36 of the O.C.G.A. shall apply to and govern the Magistrate Court of Polk County. Section 4. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without 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 given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to provide authority for the imposition of county law library fees as a part of the court costs in the Magistrate Court of Polk County; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other persons. This 13th day of February, 1989. /ss Honorable Bill Cummings Representative, 17th District 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: February 16, 1989.

Page 4652

/s/ Bill Cummings Representative, 17th District Sworn to and subscribed before me, this 17th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. POLK COUNTY BOARD OF ELECTIONS AND REGISTRATION; CREATION. No. 265 (House Bill No. 868). AN ACT To create a board of elections and registration for Polk County and provide for its powers and duties; to provide for the composition of the board and the appointment, qualification, and term of its members; to provide for resignation, succession, and removal of members and for filling vacancies; to provide for oaths and privileges; to relieve certain boards and officers of certain powers and duties and provide for the transfer of certain items to the newly created board; to abolish a certain board and office; to provide for the chairman and the powers and duties of such chairman; to provide for board employees and their compensation; to provide for expenditures of public funds for certain purposes; to provide for compensation of the chairman and members of the board; to provide for offices and equipment; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for the meaning of certain terms; to provide for effective dates; to repeal conflicting laws; and for other purposes.

Page 4653

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Pursuant to Code Section 21-2-40 of the O.C.G.A., there is created for Polk County the Polk County Board of Elections and Registration. The board shall have the powers and duties of the election superintendent of Polk County with regard to the conduct of primaries and elections and shall have the powers and duties of the board of registrars relating to the registration of voters and absentee balloting procedures. Section 2. The board shall be composed of three members, each of whom shall be an elector and resident of Polk County. Members of the board shall be appointed thereto by the Board of Commissioners of Polk County, which shall also designate one of those members to be the chairman of the board of elections and registration. The first members of the board shall be appointed for an initial term beginning July 1, 1989, and ending December 31, 1992. After the initial terms of office, successors to members whose terms are to expire shall be appointed to take office the first day of January immediately following that expiration of term and shall serve for terms of four years each and until their successors are duly appointed and qualified. Section 3. The appointment of each member by the Board of Commissioners of Polk County shall be made by that board of commissioners filing an affidavit with the clerk of the Superior Court of Polk County stating the name and residential address of the person appointed and certifying that such member has been duly appointed as provided in this Act. That affidavit for the member who has been appointed as chairman of the board shall also specify that member's chairmanship. That clerk shall record each of such certifications on the minutes of the court and shall certify the name of each such member to the Secretary of State and provide for the issuance of appropriate commissions to the members and chairman within the same time and in the same manner as provided by law for registrars. If the Board of Commissioners of Polk County does not, in conformity with this Act, certify its appointments to the board no later than 30 days after the beginning of a term of office or within 30 days after the creation of a vacancy in that office, a vacancy shall be deemed to have been thereby created and the Governor, pursuant to Article V, Section II, Paragraph VIII(a) of the Constitution, shall fill that vacancy by making the appointment thereto and shall certify it as

Page 4654

provided in this section, and the person so appointed shall serve out the unexpired term of office. Section 4. Each member of the board shall be eligible to succeed himself without limitation and shall have the right to resign at any time by giving written notice of his resignation to the Board of Commissioners of Polk County and to the clerk of the Superior Court of Polk County and shall be subject to removal from the board by the Board of Commissioners of Polk County at any time for cause after notice and hearing in the same manner and by the same authority as provided for removal of registrars. Section 5. In the event a vacancy occurs in the office of any member of the board by removal, death, resignation, or otherwise, except by expiration of term, the Board of Commissioners of Polk County shall appoint a successor to serve the remainder of the unexpired term. The clerk of the superior court shall be notified of interim appointments and record and certify such appointments in the same manner as the regular appointment of members. Section 6. Before entering upon his duties, each member of the board shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest. Section 7. On July 1, 1989, the election superintendent and board of registrars of Polk County shall be relieved from all powers and duties to which the board succeeds by the provisions of this Act; and they shall deliver thereafter to the chairman of the board, upon his written request, the custody of all equipment, supplies, materials, books, papers, records, and facilities of every kind pertaining to such powers and duties. Also, at such time, that board of registrars and the office of chief registrar of Polk County shall be abolished. Section 8. The chairman of the board shall be the chief executive officer of the board and shall generally supervise, direct, and control the administration of the affairs of the board pursuant to law and duly adopted resolutions of the board. The board shall fix and establish by appropriate resolution entered on its minutes directives governing the execution of matters within its jurisdiction. Section 9. The board shall be authorized to employ such full-time and part-time employees, including a full-time chief clerk,

Page 4655

as the board shall deem necessary. The Board of Commissioners of Polk County shall have the right to approve the hiring of any such employee. Section 10. With the consent of the Board of Commissioners of Polk County, the board of elections and registration shall be authorized to expend public funds for the purpose of distributing sample ballots, voter information booklets, and other material designed to inform and instruct adequately the electors of the county with regard to elections. Section 11. Compensation for the chairman and other members of the board and other employees shall be fixed by the board with the approval of the Board of Commissioners of Polk County. Such compensation shall be paid from county funds. Section 12. The Board of Commissioners of Polk County shall provide the board with such proper and suitable offices and equipment and with such employees as the board of commissioners shall deem appropriate. Section 13. The board is authorized to perform for any municipality located wholly or partially within Polk County any functions and duties which election superintendents and boards of registrars are authorized by general law to perform on behalf of municipalities under such conditions as provided by general law. Section 14. The words election, elector, political party, primary, public office, special election, and special primary shall have the same meaning ascribed to those words by Code Section 21-2-2 of the O.C.G.A., unless otherwise clearly apparent from the text of this Act. Section 15. This Act shall become effective on July 1, 1989, except that for purposes of making initial appointments to the board, it shall become effective upon May 1, 1989. Section 16. All laws and parts of laws in conflict with this Act are repealed.

Page 4656

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to create a board of elections and registration for Polk County and provide for its power and duties, to provide for the composition of the board and the appointment, qualification and term of its members; to provide for resignation, succession and removal of members and for filling vacancies; to provide for oaths and privileges; to relieve certain boards and officers of certain powers and duties and provide for the transfer of certain items to the newly created board; to abolish a certain board and office; to provide for the chairman and the powers and duties of such chairman; to provide for board employees and their compensation; to provide for expenditures of public funds for certain purposes; to provide for compensation of the chairman and members of the board; to provide for offices and equipment; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for the meaning of certain terms; to provide for effective dates; to repeal to repeal conflicting laws; and for other purposes. This 10th day of February, 1989. /ss Honorable Bill Cummings Representative, 17th District 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: February 14, 1989.

Page 4657

/s/ Bill Cummings Representative, 17th District Sworn to and subscribed before me, this 15th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. WALTON COUNTY MAGISTRATE COURT; LAW LIBRARY FEES. No. 266 (House Bill No. 869). AN ACT To provide for the collection of an additional fee for the benefit of the Walton County Law Library on each case filed in the Magistrate Court of Walton County; to provide for the amount of such fee; to provide for remittance of such fee; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The Magistrate Court of Walton County shall collect a fee of $4.00 on each case, civil or criminal, filed in said court, in addition to all other legal costs, for the benefit of the Walton County Law Library.

Page 4658

Section 2. The clerk of the magistrate court shall collect the law library fee on each case filed in said court and shall transmit such fees to the treasurer of the board of trustees of the Walton County Law Library on the first day of each month. 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 1989 session of the General Assembly of Georgia a bill to provide for collection of additional costs in all cases filed in the Magistrate Court of Walton County for the benefit of the Walton County Law Library; and for other purposes. This 30th day of January, 1988. Hon. Tyrone Carrell Representative 65th District 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 15, 1989. /s/ Tyrone Carrell Representative, 65th District

Page 4659

Sworn to and subscribed before me, this 20th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. CITY OF DANIELSVILLE MAYOR AND COUNCIL; TERMS; ELECTIONS. No. 267 (House Bill No. 870). AN ACT To amend an Act amending, consolidating, and superseding the several Acts incorporating the City of Danielsville and providing a new charter therefor, approved February 16, 1949 (Ga. L. 1949, p. 587), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 3569), so as to establish the terms of office of the mayor and councilmen; to provide for elections; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act amending, consolidating, and superseding the several Acts incorporating the City of Danielsville and providing a new charter therefor, approved February 16, 1949 (Ga. L. 1949, p. 587), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 3569), is amended by striking in their entirety Sections 6 and 7 and inserting in lieu thereof new Sections 6 and 7 to read as follows:

Page 4660

Section 6. The mayor and councilmen serving on the effective date of this section shall serve out their terms and until their successors have been elected and qualified. Section 7. On the Tuesday next following the first Monday in November, 1990, and every two years thereafter, an election shall be held for the offices of those councilmen whose terms expire the following January. On the Tuesday next following the first Monday in November, 1991, and every two years thereafter, an election shall be held for the office of mayor and the offices of those councilmen whose terms expire the following January. On the first Monday in January after said election, the officials-elect shall meet in the city hall or other designated place in said city and then and there severally take, before some officer authorized to administer oaths under the laws of the State of Georgia, the following oath of office: `I do solemnly swear that I will well and truly demean myself as mayor (or councilman, as the case may be) of the City of Danielsville for the ensuing term, and that I will faithfully enforce the ordinances of said city to the best of my skill and ability, without fear or favor; so help me God.' Should any official-elect be absent from said meeting, he or they shall take said oath of office as soon as possible thereafter. Said mayor and councilmen shall provide, by ordinance, for regular monthly meetings and may hold such special or called meetings as the business of the city may require, which special or called meetings shall be called by the mayor in his discretion, to be convened as provided by the city ordinances. In the event that the office of mayor, or any one or more of the councilmen, shall become vacant by death, resignation, removal, or otherwise, said vacancy or vacancies may be filled by appointment and selection by the mayor and councilmen, in the case of vacancies in the council, and by the councilmen in the case of a vacancy in the office of mayor, and persons so elected shall be duly qualified to fill such vacancies for the unexpired term provided it does not exceed 24 months. Section 2. All laws and parts of laws in conflict with this Act are repealed.

Page 4661

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the 1989 regular session of the General Assembly of Georgia, a bill to amend an Act establishing a Charter for the City of Danielsville (Ga. Laws 1949, p. 587), as amended; to provide for the terms of elected officials, and for other purposes. This 14th day of February, 1989. Felix P. Graham, Jr. City Attorney City of Danielsville, Georgia 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 17, 1989. /s/ Louie M. Clark Representative, 13th District Sworn to and subscribed before me, this 20th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989.

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CITY OF COLBERT MAYOR AND COUNCIL; TERMS; ELECTIONS. No. 268 (House Bill No. 871). AN ACT To amend an Act creating a new charter for the City of Colbert, approved February 14, 1950 (Ga. L. 1950, p. 2417), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4475), so as to establish the terms of office of the mayor and councilmen; to provide for elections; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a new charter for the City of Colbert, approved February 14, 1950 (Ga. L. 1950, p. 2417), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4475), is amended by striking in their entirety Sections 6 and 7 and inserting in lieu thereof new Sections 6 and 7 to read as follows: Section 6. The mayor and councilmen serving on the effective date of this section shall serve out the remainder of their terms and until their successors have been elected and qualified. Section 7. On the Tuesday next following the first Monday in November, 1990, and every two years thereafter, an election shall be held for the office of mayor and the offices of those councilmen whose terms expire the following January. On the Tuesday next following the first Monday in November, 1991, and every two years thereafter, an election shall be held for the offices of those councilmen whose terms expire the following January. On the first Monday in January after said election, the officials-elect shall meet in the city hall or other designated place in said

Page 4663

city and then and there severally take, before some officer authorized to administer oaths under the laws of the State of Georgia, the following oath of office: `I do solemnly swear that I will well and truly demean myself as mayor (or councilman, as the case may be) of the City of Colbert for the ensuing term, and that I will faithfully enforce the ordinances of said city to the best of my skill and ability, without fear or favor; so help me God.' Should any official-elect be absent from said meeting, he or they shall take said oath of office as soon as possible thereafter. Said mayor and councilmen shall provide, by ordinance, for regular monthly meetings and may hold such special or called meetings as the business of the city may require, which special or called meetings shall be called by the mayor in his discretion, to be convened as provided by the city ordinances. In the event that the office of mayor, or any one or more of the councilmen, shall become vacant by death, resignation, removal, or otherwise, said vacancy or vacancies may be filled by appointment and selection by the mayor and councilmen, in the case of vacancies in the council, and by the councilmen in the case of a vacancy in the office of mayor, and persons so elected shall be duly qualified to fill such vacancies for the unexpired term provided it does not exceed 24 months. 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 1989 regular session of the General Assembly of Georgia, a bill to amend an Act establishing a Charter for the City of Colbert (Ga. Laws 1950, p. 2417), as amended; to provide for the terms of elected officials, and for other purposes. This 14th day of February, 1989.

Page 4664

Felix P. Graham, Jr. City Attorney City of Colbert, Georgia 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 17, 1989. /s/ Louie M. Clark Representative, 13th District Sworn to and subscribed before me, this 20th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989.

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CITY OF ILA MAYOR AND COUNCIL; TERMS; ELECTIONS. No. 269 (House Bill No. 872). AN ACT To amend an Act incorporating the City of Ila in the County of Madison, approved February 1, 1951 (Ga. L. 1951, p. 2133), as amended, particularly by an Act approved March 20, 1985 (Ga. L. 1985, p. 3883), so as to establish the terms of office of the mayor and councilmen; to provide for 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 Ila in the County of Madison, approved February 1, 1951 (Ga. L. 1951, p. 2133), as amended, particularly by an Act approved March 20, 1985 (Ga. L. 1985, p. 3883), is amended by striking in their entirety Sections 6 and 7 and inserting in lieu thereof new Sections 6 and 7 to read as follows: Section 6. The mayor and councilmen serving on the effective date of this section shall serve out the remainder of their terms and until their successors have been elected and qualified. Section 7. On the Tuesday next following the first Monday in November, 1990, and every two years thereafter, an election shall be held for the offices of those councilmen whose terms expire the following January. On the Tuesday next following the first Monday in November, 1991, and every two years thereafter, an election shall be held for the office of mayor and the offices of those councilmen whose terms expire the following January. The mayor and councilmen shall take office on the first Tuesday in January next after their election for terms of two years. On the first Tuesday in January, after their election, the newly elected mayor and councilmen-elect shall meet in the city hall or other designated place in said city and then and there shall severally take, before some officer authorized under the laws of the State of Georgia to administer oaths, the following oath of office: `I do solemnly swear that I will well and truly demean myself as mayor

Page 4666

(or councilman, as the case may be) of the City of Ila for the ensuing term, and that I will faithfully enforce the charter and ordinances of said city to the best of my skill and ability, without fear or favor, so help me God.' Should the mayor or any councilman be absent from said meeting, he or they shall take said oath of office as soon as possible thereafter. Said mayor and councilmen shall provide, by ordinance, for regular monthly meetings, and may hold such special or called meetings as the business of the city may require, which special or called meetings, shall be called by the mayor in his discretion, to be convened as provided by the city ordinances. In the event that the office of mayor, or any one or more of the councilmen, shall become vacant by death, resignation, removal, or otherwise, said vacancy or vacancies may be filled by appointment and selection of the mayor and councilmen, in the case of vacancies in the council, and by the councilmen in the case of a vacancy in the office of mayor, and persons so elected shall be duly qualified to fill such vacancies for the unexpired term provided it does not exceed 12 months. 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 1989 regular session of the General Assembly of Georgia, a bill to amend an Act establishing a Charter for the City of Ila (Ga. Laws 1951, p. 2133), as amended; to provide for the terms of elected officials, and for other purposes. This 14th day of February, 1989. Felix P. Graham, Jr. City Attorney City of Ila, Georgia

Page 4667

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 17, 1989. /s/ Louie M. Clark Representative, 13th District Sworn to and subscribed before me, this 20th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. NEWTON COUNTY WATER AND SEWERAGE AUTHORITY MEMBERSHIP. No. 270 (House Bill No. 874). AN ACT To amend an Act known as the Newton County Water and Sewerage Authority Act, approved March 10, 1970 (Ga. L. 1970, p. 2449), as amended by an Act approved March 13, 1978 (Ga. L. 1978, p.

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3655), so as to change certain provisions relating to the membership of the Authority; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act known as the Newton County Water and Sewerage Authority Act, approved March 10, 1970 (Ga. L. 1970, p. 2449), as amended by an Act approved March 13, 1978 (Ga. L. 1978, p. 3655), 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. Newton County Water and Sewerage Authority. There is created a body corporate and politic to be known as the Newton 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 consist of eight members. The mayor and council of the town of Oxford, the mayor and council of the town of Porterdale, and the mayor and council of the City of Covington, respectively, shall nominate one member each and thereafter it shall be the duty of the Board of Commissioners of Newton County to appoint said nominees. The remaining five members of the Board of Commissioners of Newton County shall recommend one person from such commissioner's district and the entire board shall approve the appointment of such members. The two members of the Authority who were previously appointed by the board of commissioners and who are serving on the effective date of this Act shall serve until their regular terms expire and their successors are elected and qualified. Such members shall be deemed to be the appointees from the districts in which they reside. The three new members of the Authority provided for by this Act shall be appointed for initial terms as follows: one member shall serve for an initial term of one year, one for an initial term of two years, one for an initial term of three years, and thereafter the term of office for all members of the Authority shall be for a period of five years, and until their successors are appointed and qualified. Any member of the board of Commissioners of Newton County shall be eligible for appointment to and service on said Authority. Five members shall

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constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the Authority. The members of the Authority shall elect a chairman and a vice chairman of the Authority from among the members thereof and shall also elect a secretary-treasurer who need not be a member of the Authority. The members of the Authority shall be entitled to compensation for their services at the rate of $600.00 per annum, payable monthly, and all members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. The Authority shall have the right to appoint an administrator from the membership of the Authority. 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 1989 session of the General Assembly of Georgia a bill to amend an Act known as the Newton County Water and Sewerage Authority Act, so as to change certain provisions relating to the membership of the authority; and for other purposes. This 8th day of February, 1989. 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

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Legislation was published in the Covington News which is the official organ of Newton County, on the following date: February 16, 1989. /s/ Denny M. Dobbs Representative, 74th District Sworn to and subscribed before me, this 20th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. MORGAN COUNTY WATER AUTHORITY CREATION. No. 271 (House Bill No. 875). AN ACT To create the Morgan County Water Authority; to authorize the authority to acquire, construct, add to, extend, improve, equip, operate, and maintain projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns, municipal corporations, the State of Georgia, and its political subdivisions and instrumentalities thereof; to authorize the authority to acquire, construct, add to, extend, improve, equip, operate, and maintain sewerage systems, both sanitary and storm, sewage disposal systems and sewage treatment plants, and any and all other related facilities; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications,

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duties, powers, method of filling vacancies, compensation, and expenses; to authorize the authority to contract with others in relation to water and sewer utilities and facilities, to contract with others in relation to the use of the utilities and facilities of the authority, and to execute leases and do all things necessary or convenient for the operation of such undertakings or projects; to authorize the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, charges, and earnings of the authority to pay the cost of such undertakings or projects and authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds; to authorize the execution of resolutions and trust indentures to secure the payment of such bonds and to define the rights of the holders of such obligations; to provide that no debt of Morgan County shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds of the authority exempt from taxation; to authorize the authority to condemn property of every kind; to authorize the issuance of funding and refunding bonds; to fix and provide the venue and jurisdiction of actions relating to any provisions of this Act; to provide for the validation of bonds; to provide for severability; 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. Short title. This Act shall be known and may be cited as the Morgan County Water Authority Act. Section 2. Morgan County Water Authority. (a) There is created a body corporate and politic, to be known as the Morgan County Water Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. (b) The authority shall consist of five members, all of whom shall be residents of Morgan County, any or all of whom may 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. 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 Morgan County for at least one year prior to the date of his appointment and shall not have been

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convicted of a felony. From and after July 1, 1989, the five members of the authority shall consist of and be selected as provided in this section. Each of the county and municipal governing authorities shall be entitled to appoint one member of the authority. The member appointed by the governing authority of Morgan County shall be appointed for a term of five years and until a successor is appointed and qualified. The member appointed by the governing authority of the City of Madison shall be appointed for a term of four years and until a successor is appointed and qualified. The member appointed by the governing authority of the City of Rutledge shall be appointed for a term of three years and until a successor is appointed and qualified. The member appointed by the governing authority of the City of Bostwick shall be appointed for a term of two years and until a successor is appointed and qualified. The member appointed by the governing authority of the City of Buckhead shall be appointed for a term of two years and until a successor is appointed and qualified. No member appointed by the governing authority of Morgan County shall be a resident of the City of Madison, City of Rutledge, City of Bostwick, or City of Buckhead. Members appointed by the governing authority of a municipality need not be a resident of such municipality. Successors to the members appointed as provided in this subsection 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. 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 his or her successor is selected. Three members shall constitute a quorum. (c) In the event of a vacancy by reason of death, disqualification, resignation, or other reason, the governing body which appointed the member whose position has been vacated 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 five consecutive regular or special meetings of the authority without an excuse approved by a resolution of the authority. No vacancy on the

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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 from funds available to the authority for their actual expenses necessarily incurred in the performance of their duties. The authority shall make rules and regulations for its own government. The authority shall have perpetual existence. 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. (d) Except as otherwise allowed by law, all meetings of the authority, whether regular or special, shall be open to the public. The authority may hold public hearings on its own initiative or at the request of residents of Morgan County or residents of any area affected by the actions of the authority. Section 3. Definitions. (a) As used in this Act, the term: (1) Authority means the Morgan County Water Authority created by 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; the cost of engineering, architectural, fiscal agents', and legal expenses, and of plans and specifications, and of other expenses necessary or incident to determining the feasibility or practicability of the project; the cost of administrative expenses and such other expenses as may be necessary or incident to the financing authorized in this Act; 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 means and includes the acquisition, construction, and equipping of water facilities for obtaining one

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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 its counties and municipalities for the purpose of resale, inside and outside the territorial boundaries of Morgan 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 to be necessary or convenient for the efficient operation of such type of undertaking. The term 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, inside and outside the territorial boundaries of Morgan County, and the operation, maintenance, additions, improvements, and extensions of such facilities so as to assure an adequate sewage 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 bond and bonds means revenue bonds as 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 is specifically provided for in this Act. (5) Users of the facilities or users means and includes 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 are 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.

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(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 facilities used in connection therewith will be sufficient to pay the costs of operating, maintaining, repairing, improving, and extending the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects. Section 4. Powers. The authority is authorized: (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, rights or easements therein, or franchises necessary for its corporate purposes; to use the same so long as its corporate existence shall continue; and to lease or make contracts with respect to the use 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 compensations;

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(5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be constructed or acquired. In addition, 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 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 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 Morgan County; (7) To make loans with and accept loans and grants of money, materials, or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may impose; (8) To make loans with and accept loans and grants of money, materials, or property of any kind from the State of Georgia or any agency, instrumentality, or political subdivision thereof upon such terms and conditions as the State of Georgia or such agency, instrumentality, or political subdivision may impose; (9) To borrow money for any of its corporate purposes, to execute evidences of such indebtedness, to secure the

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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, and deliver appropriate evidence of any such indebtedness, which is not 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 in this Act, shall have the 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 defined in Section 3 of this Act of any one or more projects. The principal of and interest on 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 per annum, shall be payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution for the issuance of bonds. Section 6. Same; form; denomination; registration; place of payment. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereon, which may be at any bank or trust company 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 and also as to both principal and interest.

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Section 7. Same; signatures; seal. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if 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 coupon 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 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

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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 Morgan County or any municipality nor a pledge of the faith and credit of said county or any municipality; 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 said county or any municipality to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. All such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. Section 14. Trust indenture as security. In the discretion of the authority, any issuance of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company inside or outside 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 of 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

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issued. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture. Section 15. To whom proceeds of bonds shall be paid. In the resolution providing for the issuance of revenue bonds or in the trust indenture, the authority shall provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes of this Act, 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

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(4) Any premium upon bonds retired by call or purchase as provided in this section. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, any surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds, and any such bonds so purchased or redeemed shall forthwith be canceled and shall not again be issued. Section 17. Remedies of bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto and the trustee under the trust indenture, if any, except to the extent the rights given in this Act 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 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 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

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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, 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 Morgan County Water 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 Morgan 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 action. 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 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 22. Moneys received considered trust funds. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.

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Section 23. Purpose of the authority. (a) Without limiting the generality of any provision of this Act, the general purpose of the authority is declared to be that of acquiring an adequate source or sources of water supply, treatment of such water, and thereafter the distribution of the same to the various municipalities and citizens in Morgan 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. (b) 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. (c) The authority shall not have the authority to construct water lines for the distribution of water directly to customers within any municipality without first obtaining the express written consent of the appropriate governing body of said municipality and, likewise, the authority shall not have the authority to construct sewer lines directly to customers for the collection of waste and sewage inside 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 provided in this Act to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvements, 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 Morgan 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 Morgan 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 by this Act, 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 of this Act 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 Morgan County nor 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. Section 30. Liberal construction of Act. This Act, being for the welfare of various political subdivisions of the state and its

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inhabitants, shall be liberally construed to effect the purposes of this Act. Section 31. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. 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 1989 session of the General Assembly of Georgia a bill to create the Morgan County Water and Sewage Authority; to provide the appointment of members of said Authority; to provide an effective date of enactment; to provide an effective date to repeal; to repeal conflicting laws; and for other purposes. This 1st day of February, 1989. /S/ Representative Frank E. Stancil 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: February 2, 1989. /s/ Frank E. Stancil Representative, 66th District

Page 4686

Sworn to and subscribed before me, this 20th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. CITY OF DAWSON CORPORATE LIMITS. No. 272 (House Bill No. 880). AN ACT To amend an Act providing a new charter for the City of Dawson, approved March 21, 1970 (Ga. L. 1970, p. 3121), 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 new charter for the City of Dawson, approved March 21, 1970 (Ga. L. 1970, p. 3121), as amended, is amended by adding at the end of Section 1-3, relating to the corporate limits of the City of Dawson, the following: In addition to the area now embraced within the corporate limits of the City of Dawson, the following described tract of land shall be included within the corporate limits: `All that tract or parcel of land lying and being partly inside and partly outside of the City Limits of Dawson in Land Lot 224 Land District 12 of Terrell County, Georgia,

Page 4687

beginning at a point where the North Right of Way of Brick Street intersects with the Western property line of the Sardis Cemetery, thence run South 1 degree 19 minutes and 9 seconds West for a distance of 467.02 feet to an iron pin on the East Right of Way of Brick Street, thence run South 30 degrees 46 minutes 25 seconds West for a distance of 73.19 feet to an iron pin, thence run North 88 degrees 34 minutes 33 seconds West along the South Right of Way of Northside Drive for a distance of 605.58 feet to an iron pin, thence run South 22 degrees 40 minutes 32 seconds East for a distance of 139.38 feet to an iron pin, thence run South 23 degrees 40 minutes 32 seconds East for a distance of 410.62 feet to an iron pin and the Northern Right of Way of the Central of Georgia Railroad thence run North 54 degrees 45 minutes 01 seconds East for a distance of 1006.97 feet along the Northern Right of Way of Central of Georgia Railroad to an iron pin, thence run North 01 degree 11 minutes 06 seconds East for a distance of 629.04 feet to an iron pin, thence run South 85 degrees 22 minutes 33 seconds West for a distance of 402.22 feet to an iron pin on the Eastern boundary of the Elks' Lodge property, thence run South 0 degrees 11 minutes 35 seconds East for a distance of 158.25 feet to the point of beginning of the herein described property, containing 11.517 acres according to a survey by Earl Stevenson, Jr., Registered Land Surveyor, dated December 1, 1988. Said plat being recorded in Plat Book No. 4, Page 610, in the Office of the Clerk of the Superior Court of Terrell County, Georgia, which plat is, by reference thereto made a part of this description.' 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 1989 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Dawson, approved March 21, 1970 (Ga. L. 1970, p. 3121), as amended, so as to change the corporate limits of the City of Dawson; and for other purposes.

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This 6th day of February, 1989. James M. Collier City Attorney GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Hanner, who, on oath, deposes and says that he is Representative from the 131st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dawson News which is the official organ of Terrell County, on the following date: February 9, 1989. /s/ Bob Hanner Representative, 131st District Sworn to and subscribed before me, this 13th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989.

Page 4689

TOWN OF SASSER MAYOR AND COUNCIL; TERMS; ELECTIONS; QUALIFICATIONS. No. 273 (House Bill No. 882). AN ACT To amend an Act to provide a new charter for the Town of Sasser, approved March 22, 1974 (Ga. L. 1974, p. 2895), as amended, so as to change the provisions relating to the election of the mayor and councilmen; to provide for qualifications for 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 to provide a new charter for the Town of Sasser, approved March 22, 1974 (Ga. L. 1974, p. 2895), as amended, is amended by striking in its entirety Section 2.01 and inserting in lieu thereof a new Section 2.01 to read as follows: Section 2.01. Election of Mayor and Councilmen. On the Tuesday next following the first Monday in November, 1990, a nonpartisan election shall be conducted by the town election managers, at the same hours and places for holding general elections and under the general election laws of this state, to elect a mayor and four councilmen from the town at large. Any elector may be qualified as a candidate by submitting to the mayor or other chief executive officer of the town, at least 15 days in advance of the regular election, a petition nominating him. Each elector shall be entitled to vote for one candidate for mayor in the first election and in each election held at two-year intervals thereafter. Each elector shall be entitled to vote for four candidates for councilman in the first election and for four candidates for councilman in subsequent biennial elections. Thereafter, biennial elections shall be held on the Tuesday next following the first Monday in November, 1990, each two years to elect in the same manner the mayor and the prescribed number of councilmen for two-year terms. The terms of office of the mayor and councilmen shall begin at 12:01 A.M. on the first Monday in January next following their election, and they shall serve until

Page 4690

their successors have been elected and qualified. The terms of office of all present councilmen of the town shall terminate and end at 12:01 A.M. on the first Monday in January, 1991. No informality shall invalidate such an election, provided it is conducted fairly and in substantial conformity with the requirements of this Act and the general election laws of this state. 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 1989 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the Town of Sasser, approved March 22, 1974 (Ga. L. 1974, p. 2895), as amended, so as to change certain provisions relative to the election and terms of office of the mayor and members of the city council; and for other purposes. This 6th day of February, 1989. James M. Collier City Attorney For The Town of Sasser GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Hanner, who, on oath, deposes and says that he is Representative from the 131st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dawson News which is the official organ of Terrell County, on the following date: February 9, 1989.

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/s/ Bob Hanner Representative, 131st District Sworn to and subscribed before me, this 13th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. GWINNETT COUNTY BOARD OF COMMISSIONERS; DISTRICTS. No. 274 (House Bill No. 881). 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 change the provisions regarding the composition of the commissioner districts; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the board of commissioners of Gwinnett County, approved January 31, 1968 (Ga. L. 1968, p. 2003), as amended, is amended by striking subsection (a) of Section 3 and inserting in its place a new subsection (a) to read as follows:

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(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 404A, 404B, 444A, 444B, 544A, 544B, 544D, 544E, 550A, 550B, 550C, 550D, 1263A, 1263B, 1263C, 1263D, 1397, 1587, 1604, and 1749 Commissioner District No. 2 Precincts 405B, 405E, 405H, 405I, 406A, 406B, 406C, 406E, 406F, 406G, 406H, 406I, 406J, 406L, 406M, 406N, 406O, 406P, and 406Q Commissioner District No. 3 Precincts 405C, 405G, 408A, 408C, 408D, 408E, 408F, 408G, 408I, 408J, 571A, 571B, 571C, 1295B, 1578A, 1578B, 1578C, and 1578D Commissioner District No. 4 Precincts 405A, 405D, 405F, 406D, 406K, 407A, 407B, 407C, 407D, 407E, 407F, 408B, 478, 544C, 1295A, and 1564 Section 2. All laws and parts of laws in conflict with this Act are repealed.

Page 4693

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to amend an Act creating the board of commissioners of Gwinnett County, approved January 31, 1968 (Ga. L. 1968, p. 2003), as amended; and for other purposes. This 23 day of January, 1989. /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: January 27, 1989. /s/ O. M. Barnett Representative, 59th District

Page 4694

Sworn to and subscribed before me, this 30th day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. CITY OF DAWSON MAYOR AND COUNCIL; ELECTIONS. No. 275 (House Bill No. 884). AN ACT To amend an Act to provide a new charter for the City of Dawson, approved March 21, 1970 (Ga. L. 1970, p. 3121), as amended, so as to change the provisions relating to the election of the mayor and councilmen; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act to provide a new charter for the City of Dawson, approved March 21, 1970 (Ga. L. 1970, p. 3121), as amended, is amended by striking in their entirety Sections 8-4 and 8-5 and inserting in lieu thereof new Sections 8-4 and 8-5 to read as follows: Section 8-4. Time of election of councilmen. On the Tuesday next following the first Monday in November of every year, three councilmen shall be elected to serve for two-year terms.

Page 4695

Section 8-5. Time of election of mayor. A mayor shall be elected on the Tuesday next following the first Monday in November, 1990, and on such day every two years, to serve for a two-year term. Section 2. The mayor and councilmen serving on the effective date of this Act shall serve out their normal terms 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 1989 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Dawson, approved March 21, 1970 (Ga. L. 1970, p. 3121), as amended, so as to change certain provisions relative to the election and terms of office of the mayor and members of the city council; and for other purposes. This 6th day of February, 1989. James M. Collier City Attorney GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Hanner, who, on oath, deposes and says that he is Representative from the 131st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dawson News which is the official organ of Terrell County, on the following date: February 9, 1989.

Page 4696

/s/ Bob Hanner Representative, 131st District Sworn to and subscribed before me, this 13th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. STONE MOUNTAIN JUDICIAL CIRCUIT JUDGES; SALARY SUPPLEMENT. No. 276 (House Bill No. 886). AN ACT To amend an Act providing a supplement to the compensation, expenses, and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, approved March 21, 1974 (Ga. L. 1974, p. 391), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 3989), so as to change the amount of such supplement; to provide for requirements and conditions relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing a supplement to the compensation, expenses, and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, approved March 21, 1974 (Ga.

Page 4697

L. 1974, p. 391), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 3989), is amended by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows: Section 1. (a) In addition to the compensation, salary, expenses, and allowances presently being received by the judges of the superior court of the Stone Mountain Judicial Circuit from the State of Georgia, or any other source, the judges of the superior court of said circuit shall receive a supplement to such compensation from the funds of DeKalb County in the amount of $9,000.00 per annum for each such judge, subject to an increase in such supplement authorized by subsection (b) of this section. Said supplementary salary shall be paid in equal monthly installments. (b) Effective July 1, 1987, the salary supplement provided for by subsection (a) of this section shall be increased by $6,000.00 per annum, less the amount, if any, of any increase in the annual state salary of superior court judges which becomes effective on July 1, 1987. The amount of the increase in the annual salary supplement which becomes effective on July 1, 1987, pursuant to the provisions of this subsection shall not be reduced by any increase in the annual state salary paid to superior court judges which becomes effective at any time after July 1, 1987. (c) Effective July 1, 1989, the salary supplements provided for by subsections (a) and (b) of this section shall be increased by $6,000.00 per annum, less the amount, if any, of any increase in the annual state salary of superior court judges which becomes effective on July 1, 1989. The amount of the increase in the annual salary supplement which becomes effective on July 1, 1989, pursuant to the provisions of this subsection shall not be reduced by any increase in the annual state salary paid to superior court judges which becomes effective at any time after July 1, 1989. Section 2. This Act shall become effective on July 1, 1989. Section 3. All laws and parts of laws in conflict with this Act are repealed.

Page 4698

NOTICE OF INTENT TO APPLY FOR LOCAL LEGISLATION Notice is hereby given that legislation will be introduced during the 1989 Session of the General Assembly to amend an act approved March 21, 1978 (Ga. Laws 1974, p. 391, as amended) affecting the salary supplement of Superior Court Judges in the Stone Mountain Judicial Circuit. Mary Margaret Oliver Representative, 53rd District 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: February 9, 1989. /s/ M. M. Oliver Representative, 53rd District Sworn to and subscribed before me, this 10th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989.

Page 4699

TOWN OF BRONWOOD MAYOR AND COUNCIL; TERMS; ELECTIONS. No. 277 (House Bill No. 888). AN ACT To amend an Act incorporating the Town of Bronwood, approved September 24, 1883 (Ga. L. 1882-83, p. 423), as amended, particularly by an Act approved August 11, 1909 (Ga. L. 1909, p. 569), so as to provide for the terms of office and date of election of the mayor and members of the city council; 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 Bronwood, approved September 24, 1883 (Ga. L. 1882-83, p. 423), as amended, particularly by an Act approved August 11, 1909 (Ga. L. 1909, p. 569), is amended by adding immediately following Section 4 a new Section 4A to read as follows: Section 4A. Pursuant to the authority granted in Code Section 21-3-64 of the O.C.G.A., the terms of office of the mayor and members of the city council shall be for two years and until their successors are elected and qualified. The municipal election in 1989 and subsequent municipal elections shall be held on the Tuesday next following the first Monday in November of each year. The mayor and members of the city council shall take office on the first day of January following their election. Section 2. All laws and parts of laws in conflict with this Act are repealed.

Page 4700

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to amend an Act incorporating the Town of Bronwood, approved September 24, 1883 (Ga. L. 1882-83, p. 423), as amended, so as to change certain provisions relative to the election and terms of office of the mayor and members of the city council; and for other purposes. This 6th day of February, 1989. James M. Collier City Attorney GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Hanner, who, on oath, deposes and says that he is Representative from the 131st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dawson News which is the official organ of Terrell County, on the following date: February 9, 1989. /s/ Bob Hanner Representative, 131st District Sworn to and subscribed before me, this 13th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989.

Page 4701

CHATHAM-SAVANNAH AUTHORITY FOR THE HOMELESS ACT. No. 278 (House Bill No. 897). AN ACT To create the Chatham-Savannah Authority for the Homeless; 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 Authority for the Homeless Act. Section 2. Findings. (a) It is found, determined, and declared that there are many homeless persons in the Chatham County-Savannah area; that the number of homeless persons is increasing; that in many instances, the homeless are victims of circumstances beyond their control and they are in need of effective public and private assistance; and that the existing and increasing number of homeless persons is detrimental to the health, welfare, morality, and economic prosperity of the Chatham County-Savannah community.

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(b) It is further found and determined that public and private agencies are less effective in dealing with the problems of the homeless because programs are not coordinated, evaluated, and administered in a systematic manner under a comprehensive plan. (c) It is further found and determined that the citizens of the Chatham County-Savannah area are deeply concerned about homeless persons in their community and that a comprehensive approach to providing services and assistance for the homeless in the Chatham County-Savannah area will serve as an effective demonstration project for 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 through which public and private agencies of Chatham County and the City of Savannah can deal effectively with the problems of the homeless of the community. 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 the homeless of Chatham County and the City of Savannah is of vital importance to not only that community but also as a 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 Authority for the Homeless created in this Act.

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(2) Homeless means being without or expecting within 30 days to be without sleeping accommodations which meet health and safety standards and includes such factors as unemployment, underemployment, substance abuse, mental illness, or other conditions as determined by the authority which cause or contribute to causing the state of being homeless. (3) 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 Housing Authority 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 Authority for the Homeless. (a) There is created a body corporate and politic to be known as the Chatham-Savannah Authority for the Homeless 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, and 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 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 19 members as follows: (1) Four members appointed by the Board of Commissioners of Chatham County; (2) Four members appointed by the Mayor and Board of Aldermen of the City of Savannah;

Page 4704

(3) One member appointed by the Housing Authority of the City of Savannah; (4) One member appointed by the Board of Public Education for the City of Savannah and the County of Chatham; (5) One member appointed by the Commissioner of Human Resources; (6) One member appointed by the Commissioner of Labor; (7) One member appointed by the Georgia Residential Finance Authority; and (8) Six members appointed by a majority vote of the 13 members appointed pursuant to the provisions of paragraphs (1) through (7) of this subsection. (b) Two members appointed under each of paragraphs (1) and (2) and the one member appointed under each of paragraphs (3) and (4) of subsection (a) of this section shall be appointed for initial terms of two years. Two members appointed under each of paragraphs (1) and (2) and the one member appointed under each of paragraphs (5), (6), and (7) of subsection (a) of this section shall be appointed for initial terms of four years. Three members appointed under paragraph (8) of subsection (a) of this section shall be appointed for initial terms of three years and the remaining three members appointed under said paragraph shall be appointed for initial terms of four years. At least one of the members appointed under paragraph (8) of subsection (a) of this section shall be a homeless person or a person who has been homeless. Successors to all members 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 official or body. All members of the authority shall serve until their successors are appointed and qualified. (c) Except for those members appointed by the Commissioner of Human Resources and the Commissioner of Labor, 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

Page 4705

authority. The appointing bodies under paragraphs (1), (2), and (8) of subsection (a) of this section shall invite business, civic, educational, and charitable organizations and institutions, including but not limited to the United Way of the Coastal Empire, the Georgia Medical Society, and the Community Residential Coalition for the Homeless and Mentally Ill, 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), (2), and (8) 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: The (Insert name of appointing body) will appoint (Insert number) member(s) of the Chatham-Savannah Authority for the Homeless within not less than (Insert number) days from the publication of this notice. Any business, civic, educational, or charitable organization and any resident of Chatham County may suggest names of persons as nominees for appointment to the authority by submitting such names to (Insert name of appointing body) . (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. (f) The authority may by a majority vote of its full membership remove any member of the authority if a member fails to attend the regular meetings of the authority or if a member otherwise fails to carry out the duties and responsibilities required of members of the authority. A vacancy created by the removal of a member as provided in this subsection shall be filled for the unexpired term in the same manner that other vacancies are filled. 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

Page 4706

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. (b) Except for the purposes of paragraph (8) of subsection (a) of Section 5 and subsection (f) of Section 5 of this Act, ten 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 four 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 and to the members of the General Assembly representing any portion of Chatham County 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 the homeless in the Chatham County-Savannah area;

Page 4707

(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 and services for the homeless 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 homeless 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 services for the homeless 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

Page 4708

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; (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 create by resolution or through its bylaws such advisory committees or groups of advisors as it deems appropriate to assist or advise the authority in carrying out its duties or accomplishing the purposes of this Act, such advisory committees or groups to be composed of such service providers or other persons as the authority shall determine; (8) 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; (9) 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; (10) 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 (11) 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.

Page 4709

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 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. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia, a bill to create Chatham-Savannah Authority for the Homeless and for other purposes. This 4th day of February, 1989.

Page 4710

JAMES L. PANNELL REPRESENTATIVE House District 122 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James L. Pannell, who, on oath, deposes and says that he is Representative from the 122nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Savannah Morning News which is the official organ of Chatham County, on the following date: February 4, 1989. /s/ James L. Pannell Representative, 122nd District Sworn to and subscribed before me, this 10th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989.

Page 4711

COBB COUNTY-MARIETTA WATER AUTHORITY MEMBERS; TERMS; QUORUM; COMPENSATION; FINES. No. 279 (House Bill No. 901). 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 March 28, 1986 (Ga. L. 1986, p. 5296), so as to provide for additional members of the authority and their appointment and terms of office; to change the terms of office of members of the authority; to change the number of members required for a quorum; to permit the authority to pay additional compensation to its members; to restrict the payment of travel, meal, or entertainment expenses; to define certain terms; to require the authority to pass through certain fines to its wholesale customers; 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 March 28, 1986 (Ga. L. 1986, p. 5296), is amended by striking subsections (b) through (e) of Section 2 thereof in their entirety and inserting in their respective places new subsections (b) through (e) to read as follows: (b) The authority shall consist of seven members who shall be determined and selected as follows: (1) One member shall be the chairman of the Board of Commissioners of Cobb County, Georgia; (2) One member shall be selected by the governing authority of the City of Marietta, Georgia; (3) Four members shall be selected by a caucus consisting of all members of the General Assembly whose districts are wholly or partially within Cobb County. The four

Page 4712

members so selected by the caucus must be residents of the unincorporated area of Cobb County. Two of the four members so selected by the caucus must be residents of the western district from which members of the Board of Commissioners of Cobb County are elected; and two of the four members so selected by the caucus must be residents of the eastern district from which members of the Board of Commissioners of Cobb County are elected; and (4) One member shall be selected by the governing authority of the City of Acworth, Georgia, in those years in which the members of the authority are to be elected which end with the numeral 4; by the governing authority of the City of Austell, Georgia, in those years in which the members of the authority are to be elected which end with the numeral 8; by the governing authority of the City of Kennesaw, Georgia, in those years in which the members of the authority are to be elected which end with the numeral 2; by the governing authority of the City of Powder Springs, Georgia, in those years in which the members of the authority are to be elected which end with the numeral 6; and by the governing authority of the City of Smyrna, Georgia, in those years in which the members of the authority are to be elected which end with the numeral 0. (c) The term of office of the chairman of the Board of Commissioners of Cobb County as a member of the authority shall be concurrent with the term of office as chairman of the board of commissioners. The two members of the authority appointed by the governing authorities of Marietta and the other appropriate municipality and serving on the effective date of this Act shall serve until August 14, 1992, and until their successors are appointed and qualified. The two members of the authority appointed by the members of the General Assembly from Cobb County and serving on the effective date of this Act shall serve until August 14, 1990, and until their successors are appointed and qualified. The two other members to be appointed by the members of the General Assembly from Cobb County pursuant to this Act shall serve until August 14, 1994, and until their successors are appointed and qualified. Thereafter, all members of the authority other than the chairman of the Board of Commissioners of Cobb County shall serve for terms of three years and until their successors are appointed and qualified and shall

Page 4713

assume office on August 15 following the expiration of the prior member's term. (d) The authority shall elect one of its members as chairman and another as vice chairman. The authority may also select a secretary and treasurer, who need not necessarily be members of the authority. Five 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. (e) The members of the authority shall each be entitled to compensation for their services at the rate of $3,600.00 per year, payable monthly, except that the chairman shall be entitled to compensation for the chairman's services at the rate of $4,800.00 per year, payable monthly. All such compensation payable by the authority shall be in addition to any compensation otherwise payable to any member of the authority by any municipality or county by virtue of any municipal or county elective office held by such member. All members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. No reimbursement or payment shall be made by the authority for travel, meal, or entertainment expenses for members of the authority unless on each occasion the incurring of such expenses for the same are approved in advance by the authority at one of its public meetings. The authority shall make rules and regulations for its own government. It shall have perpetual existence. Section 2. Said Act is further amended by adding at the end of Section 3 new subsections (f), (g), and (h) to read as follows: (f) The term `pass through' shall mean to levy a charge to such wholesale customer in addition to the authority's normal charge for water supplied, to be paid on the same terms as such normal charge for water supplied. (g) The term `wholesale customer' shall mean the water system of a county or municipality or other consumer of water to which treated water is directly supplied by the authority. (h) The term `on a prorata basis' shall mean the amount shall be divided among the wholesale customers experiencing

Page 4714

such excessive demand based on the proportion of the gallons of demand of each such excessive demand wholesale customer during such month to the total gallons of demand of all such excessive demand wholesale customers during such month. Section 3. Said Act is further amended by adding immediately following Section 25A a new Section 25B to read as follows: Section 25B. Pass Through Of Certain Fines. In the event that (i) the authority is fined, or negotiates the settlement of a disputed fine or claim by the payment of negotiated consideration to a regulatory agency, either for violating any of the authority's surface water withdrawal permits or for operating any of its treatment plants at a rate in excess of any of its operating permits, and (ii) such alleged permit violation is a result of excessive demand for water by one or more of the authority's wholesale customers, then the authority shall pass through such fine or negotiated consideration on a prorata basis to those of its wholesale customers determined by it in an equitable manner to be experiencing excessive aggregate demand for water during the month of the alleged permit violation. 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 1989 session of the General Assembly of Georgia, a bill to amend an Act known as the Cobb County - Marietta Water Authority Act, approved February 21, 1951 (Ga. L. 1951, p. 497), as heretofore amended; and for other purposes: This 2nd day of Jan., 1989.

Page 4715

/s/ Fred Aiken CHUCK CLAY ROY BARNES HUGH RAGAN SALLIE NEWBILL SENATORS JACK VAUGHN HERMAN CLARK STEVE THOMPSON EARL ERHART GRESHAM HOWREN FRED AIKEN JOHNNY ISAKSON JOHNNY GRESHAM TOM WILDER BILL ATKINS 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 21th 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 6, 1989. /s/ Johnny Isakson Representative, 21st District Sworn to and subscribed before me, this 12th day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989.

Page 4716

MADISON COUNTY BOARD OF COMMISSIONERS; COMPENSATION; EXPENSES. No. 280 (House Bill No. 902). 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, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4775), so as to change certain provisions relating to the compensation of the chairman and other members of the board of commissioners; to provide for reimbursement of certain expenses; 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, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4775), is 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 chairman shall receive an annual cost-of-living increase in salary as provided in this subsection notwithstanding the fact that such increase results in a salary higher than that of the sheriff. 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 $3,600.00 per annum, payable in equal monthly installments from county funds. Whenever the employees in the classified service of the state merit system receive a

Page 4717

cost-of-living increase of a certain percentage or a certain amount, the salaries of the chairman and other members of the board shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase received by the state employees is in different percentages or different amounts as to certain categories of employees, the salaries of the chairman and other members of the board shall be increased by a percentage or an amount equal to the average percentage or average amount of the general increase in salary granted to the state employees. The periodic changes in the salaries of the chairman and other members of the board shall become effective six months following the date that the cost-of-living increases received by state employees become effective. 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 2. Said Act is further amended by striking in its entirety Section 10 and inserting in lieu thereof a new Section 10 to read as follows: Section 10. In addition to the salaries set forth in Section 9 of this Act, the chairman and each member of the board shall, upon submission of an expense voucher, be reimbursed for expenses as follows: (1) A sum not to exceed $300.00 per month for general expenses, including without limitation office supplies; postage; telephone service; transportation within the county or to and from locations not more than 50 miles from the county boundaries, reimbursed at the rate of 25 per mile; and other general expenses incurred in the exercise of the duties of office; and (2) In addition to the amount provided by paragraph (1) of this section, a sum not to exceed $500.00 per month for expenses related to travel to locations more than 50 miles from the boundaries of the county, including without limitation meals, lodging, and transportation incurred in the exercise of the duties of office, reimbursed at the rate of 25 per mile.

Page 4718

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 1989 regular 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, pp 2662), as amended; and for other purposes. This 6th day of February, 1989. Louie Clark State Representative Georgia General Assembly District 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 10, 1989. /s/ Louie M. Clark Representative, 13th District

Page 4719

Sworn to and subscribed before me, this 21st day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. PAULDING COUNTY MAGISTRATE COURT; LAW LIBRARY FEES. No. 281 (House Bill No. 907). AN ACT To provide authority for the imposition of county law library fees as a part of the court costs in the Magistrate Court of Paulding County; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. For the purpose of providing funds for those uses specified in Code Section 36-15-7 of the O.C.G.A., the Magistrate Court of Paulding County shall be authorized to impose a county law library fee upon all cases as authorized and defined in Code Section 36-15-9 of the O.C.G.A., in addition to all other legal costs. Section 2. The amount of the fee to be imposed shall be no greater than the sum authorized in Code Section 36-15-9 of the O.C.G.A. and shall be in the same sum as that set by the chief judge of the superior court of the judicial circuit in which the magistrate court is situated.

Page 4720

Section 3. All of the provisions of Chapter 15 of Title 36 of the O.C.G.A. shall apply to and govern the Magistrate Court of Paulding County. Section 4. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without 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 1989 session of the General Assembly of Georgia a bill to provide authority for the imposition of county law library fees as a part of the court costs in the Magistrate Court of Paulding County; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. This 11th day of February, 1989. L. Charles Watts GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charlie 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: February 15, 1989. /s/ Charlie Watts Representative, 41st District

Page 4721

Sworn to and subscribed before me, this 22nd day of February, 1989. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved March 30, 1989. BARTOW COUNTY BOARD OF ELECTIONS; CREATION. No. 282 (House Bill No. 919). AN ACT To provide for the board of elections of Bartow County; to provide for the rights, powers, duties, and authority of the board; to provide for appointment and terms of members; to provide for a chairman and executive secretary; to provide for qualifications; to provide for appointment procedures; to provide for vacancies; to provide for resignation or removal of members; to provide for certain oaths and privileges; to provide for offices, assistants, and employees; to provide for definitions; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. There is created the board of elections of Bartow County which shall have jurisdiction over the conduct of primaries and elections in Bartow County in accordance with the provisions of this Act.

Page 4722

Section 2. The board of elections of Bartow County shall be composed of three members, each of whom shall be an elector and resident of the county and who shall be selected in the following manner: (1) The judge of the Superior Court of Bartow County who is a resident of Bartow County having the most service as a judge of the Superior Court of Bartow County or, if no judge of the Superior Court of Bartow County is a resident of such county, the governing authority of the county shall prepare a list containing the names of not more than three individuals for each post on the board of elections; (2) (A) One of such lists shall contain only names of individuals who are members of the political party which received the highest number of votes within the county for its candidate for President of the United States in the general election immediately preceding the appointment of the member. (B) One of such lists shall contain only names of individuals who are members of the political party which received the second highest number of votes within the county for its candidate for President of the United States in the general election immediately preceding the appointment of the member. (C) One of such lists shall contain only names of individuals who are not officers or members of the executive committee of any political party at the time of such member's appointment or at any time during such member's term of office as a member of the board of elections; and (3) The grand jury shall appoint one member from each list of nominees provided for in paragraphs (1) and (2) of this section. Section 3. The members of the board of elections shall appoint one of the members of the board to serve as chairman of the board.

Page 4723

Section 4. The chief registrar of the county shall be designated executive secretary of the board of elections and shall perform such duties as may be specified by the board. The executive secretary shall not be a voting member of the board. Section 5. In making the initial appointments to the board, the grand jury of the county shall appoint one member for an initial term beginning on July 1, 1989, and ending on December 31, 1990; one member for an initial term beginning on July 1, 1989, and ending on December 31, 1991; and one member for an initial term beginning on July 1, 1989, and ending on December 31, 1992. Each member shall serve until a successor is appointed and qualified. Thereafter a successor to each member of the board shall be appointed for a term of four years and until his successor is appointed and qualified. Each member of the board shall take office on January 1 of the year immediately following the year in which such member was appointed. Section 6. No person who holds elective public office shall be eligible to serve as a member during the term of such elective office and the position of any member shall be deemed vacant upon such member's qualifying as a candidate for elective public office. Section 7. The appointment of each member shall be made by the grand jury of the county by filing an affidavit with the clerk of the superior court no later than 30 days preceding the date at which such member is to take office, stating the name and residential address of the person appointed and certifying that such member has been duly appointed as provided in this Act. The clerk of the superior court shall record each of such certifications on the minutes of the court and shall certify the name of each appointed member to the Secretary of State and shall provide for the issuance of appropriate commissions to the members, within the same time and in the same manner as provided by law for registrars. In the event the grand jury fails: (1) to make a regular appointment within the times specified in this section and in Section 2; 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 judge of the Superior Court of Bartow County who is a resident of Bartow County having the most service as a judge of the Superior Court of Bartow County, or if no judge of the Superior Court of Bartow County is a resident of such county, by the governing authority of the county.

Page 4724

Section 8. Each member of the board shall serve until his successor is appointed and qualified, except in the event of resignation or removal as provided in this Act, and shall: (1) be eligible to succeed himself and shall have the right to resign at any time by giving written notice of his resignation to the grand jury, the governing authority of the county, and to the clerk of the superior court; and (2) shall be subject to removal from the board at any time, for cause after notice and hearing, in the same manner and by the same authority as provided for removal of registrars. Section 9. In the event a vacancy occurs in the office of any member before the expiration of his term, by removal, death, resignation, or otherwise, the grand jury of the county shall appoint a successor to serve the remainder of the unexpired term. Such appointment shall be made in the same manner as an original appointment to such post. In the event a vacancy occurs in the office of the executive secretary by reason of the death of the executive secretary or his removal or resignation as chief registrar, the office of executive secretary shall be filled by the person succeeding to the office of chief registrar. The clerk of the superior court shall be notified of interim appointments or elections and changes in the office of the executive secretary and record and certify such appointments or elections and changes in the same manner as the regular appointment or election of members and designation of the executive secretary. Section 10. Before entering upon his duties, each member shall take substantially the same oath as is required by law for registrars and shall have the same privileges from arrest. Section 11. The board of elections shall: (1) With regard to the preparation for conduct and administration of elections, succeed to and exercise all duties and powers granted to and incumbent upon the judge of the probate court pursuant to Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the Georgia Election Code, as the same now exists or may hereafter be amended, or any other provision of law, or both. (2) With regard to preparation for and conduct of primaries, succeed to all the duties and powers granted to and incumbent upon the judge of the probate court by

Page 4725

Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the Georgia Election Code, as the same now exists or may hereafter be amended. Section 12. The board shall be responsible for the selection, appointment, and training of poll workers in elections, and such workers shall be appointed, insofar as practicable, from lists provided the board by the county executive committee of each political party. Section 13. The chairman of the board of elections shall be the chief executive officer of the board of elections and shall generally supervise, direct, and control the administration of the affairs of the board of elections pursuant to law and duly adopted resolutions of the board of elections. The board of elections shall fix and establish by appropriate resolution entered on its minutes, directives governing the executions of matters within its jurisdiction. Section 14. Compensation for the members of the board of elections, clerical assistants, and other employees shall be such as may be fixed by the governing authority of the county. Said compensation shall be paid wholly from county funds. Section 15. The governing authority of Bartow County shall provide the board of elections with such proper and suitable offices and with such clerical assistants and other employees as the governing authority shall deem appropriate. Section 16. The words election, elector, political party, primary, public office, special election, and special primary shall have the same meanings ascribed to those words by Chapter 2 of Title 21 of the Official Code of Georgia Annotated, as the same now exists or may hereafter be amended, unless otherwise clearly apparent from the text of this Act. Section 17. This Act shall become effective on July 1, 1989. Section 18. All laws and parts of laws in conflict with this Act are repealed.

Page 4726

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to provide for the board of elections of Bartow County; and for other purposes. This 1st day of February, 1989. (s) Hugh Boyd Pettit, III 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 Daily Tribune News which is the official organ of Bartow County, on the following date: February 16, 1989. /s/ Boyd Pettit Representative, 19th District Sworn to and subscribed before me, this 21st day of February, 1989. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved March 30, 1989.

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CITY OF CARTERSVILLE MAYOR, COUNCIL, AND SCHOOL BOARD; MEMBERS; TERMS; ELECTIONS; WARDS; QUORUMS; MEETINGS. No. 283 (House Bill No. 921) AN ACT To amend an Act creating a new charter for the City of Cartersville, approved March 28, 1974 (Ga. L. 1974, p. 3697), as amended, so as to change certain provisions pertaining to the number of city councilmen and school board members; to fix and prescribe terms of office of the mayor, city councilmen, and school board members; to provide for elections of city councilmen and school board members by qualified voters who reside in the ward from which each city councilman and six of the school board members seeks office; to provide for six wards within the city; to provide for the dates of city elections; to provide for quorums and the number of votes necessary to take certain actions; to provide for meetings and notices thereof; 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 Cartersville, approved March 28, 1974 (Ga. L. 1974, p. 3697), as amended, is amended by striking Section 2.01 of said Act and inserting in lieu thereof a new Section 2.01 to read as follows: Section 2.01. Establishment of City Government. The corporate governmental powers of the City of Cartersville shall be vested in a mayor and four councilmen, to be known as the `city council,' until January 1, 1990, at which time such powers of the City of Cartersville shall be vested in a mayor and six councilmen, to be known as the `city council.' The mayor shall be elected as provided in this charter by the qualified voters of the city at large. Each councilman shall be elected as provided in this charter by the qualified voters who reside in the ward from which such councilman seeks office. The mayor and councilmen shall exercise their powers in such a manner as prescribed by this charter, the Constitution of the State of Georgia, and applicable general laws of the State of Georgia or, if not prescribed, in such

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manner as prescribed by the duly established ordinances of the City of Cartersville. Section 2. Said Act is further amended by striking Section 2.03 of said Act and inserting in lieu thereof a new Section 2.03 to read as follows: Section 2.03. Election of Mayor and Councilmen. On the Tuesday after the first Monday in November, 1989, there shall be an election for the office of mayor. The mayor shall be elected by the voters of the city at large. The term of office of the mayor shall be for two years and until his or her successor is elected and qualified. At said time there also shall be an election for the office of councilman from ward one and councilman from ward three, whose terms of office shall be for four years and until their respective successors are elected and qualified. At said time there also shall be an election for the office of councilman from ward five and councilman from ward six. The initial term of office for the councilman from ward five shall be for four years and until his or her successor is elected and qualified. The initial term of office for the councilman from ward six shall be for two years and until his or her successor is elected and qualified. Thereafter, the term of each councilman shall be for four years, but the term of office of mayor shall be for only two years, so that biennially thereafter there shall be an election for mayor and three councilmen. Said elections shall be held on the Tuesday after the first Monday of November preceding the end of the respective terms. Persons so elected shall take office on the first day of January following their election. Beginning with the election for councilmen in November, 1989, for the term of office to begin on January 1, 1990, and in every election thereafter, each councilman shall be voted on and elected by only the qualified voters who reside in the ward from which such councilman seeks office, and only the mayor shall be voted on and elected by the qualified voters from the city at large. The mayor and councilmen serving on the city council on March 1, 1989, shall continue to serve for the remainder of their respective terms. Section 3. Said Act is further amended by striking Section 2.04 of said Act and inserting in lieu thereof a new Section 2.04 to read as follows:

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Section 2.04. City Council. The city council shall hold regular public meetings at a stated time and place as provided by ordinance. Until January 1, 1990, the city council shall meet in special session on call of the mayor, on call of any three members of the city council, or on call of the city manager and two of the members of the city council if notice of such special session has been served on the other members personally or left at their residences at least 12 hours in advance of the meeting. After January 1, 1990, the city council shall meet in special session on call of the mayor, on call of any four members of the city council, or on call of the city manager and three of the members of the city council if notice of such special session 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 or if such notice is waived in writing. Only the business stated in the written call may be transacted at a special meeting, except by unanimous consent of all members of the council. The council shall exercise its power in public meetings. Until January 1, 1990, any three members of the council shall constitute a quorum. After January 1, 1990, any four members of the council shall constitute a quorum. In the absence of the mayor or mayor pro tempore, the members shall elect a presiding officer. Until January 1, 1990, passage of any ordinance or resolution shall take the affirmative vote of three members of the city council, which shall be construed to include the mayor, and the mayor shall be entitled to vote on any question and the vote of the mayor shall be necessary to pass any ordinance or resolution favored by only two other members of the city council. After January 1, 1990, passage of any ordinance or resolution shall take the affirmative vote of four members of the city council, which shall be construed to include the mayor, and the mayor shall be entitled to vote on any question and the vote of the mayor shall be necessary to pass any ordinance or resolution favored by only three other members of the city council. 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 in the presence of the council. Section 4. Said Act is further amended by striking Section 2.09 of said Act and inserting in lieu thereof a new Section 2.09 to read as follows:

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Section 2.09. 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 by ordinance. Each resolution and ordinance shall be in written form before being introduced. Until January 1, 1990, the affirmative vote of at least four members of the council shall be required to pass any resolution or ordinance. After adoption of ordinances, the city clerk shall number ordinances consecutively, in the order of their final adoption, and shall copy them into a permanent record book used solely for this purpose. The city clerk shall do likewise for resolutions, using a separate series of numbers and a permanent record book. The original copies of all ordinances, resolutions, and motions shall be filed and preserved by the city clerk. Section 5. Said Act is further amended by striking Section 5.02 of said Act and inserting in lieu thereof a new Section 5.02 to read as follows: Section 5.02. Cartersville School Board; Creation; Membership. (a) Until January 1, 1990, the Cartersville School Board shall be composed of five members. One member of the board shall reside in each of the four wards of the city and one member may reside anywhere within the corporate city limits. After January 1, 1990, the Cartersville School Board shall be composed of seven members. One member of the board shall reside in each of the six wards of the city and one may reside anywhere within the corporate limits. The qualifications of such members shall be the same as those for the members of the city council. Candidates for membership on the board shall qualify by designating whether they offer as a candidate for a ward position or as a candidate for the city-at-large position. All board members, except the one member elected by the qualified voters from the city at large, shall be elected, as hereinafter provided, by the qualified voters that reside in the ward from which each such board member seeks office. Except as may be otherwise provided herein, candidates shall qualify in the same manner as candidates for the city council and mayor are required to qualify, and the elections therefor shall be held, in all particulars, in the same manner as elections for mayor and councilmen. Those members serving on the Cartersville School Board on March 1, 1989, shall continue to serve for the remainder of their respective terms.

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(b) On the Tuesday after the first Monday in November, 1989, there shall be an election for the offices of Cartersville School Board members from ward one and ward two, whose terms of office shall be for four years and until their successors are elected and qualified. At the same time there also shall be an election for the offices of board members from ward five and ward six. The initial terms of office for the board members from wards five and six shall be for four years and until their successors are elected and qualified. Thereafter, the term of each board member shall be for four years, so that biennially thereafter there shall be an election for board members from wards three and four and for the board member elected by the qualified voters of the city at large, and then an election for the board members from wards one, two, five, and six on a rotating basis every two years. Said elections shall be held on the Tuesday after the first Monday of November preceding the end of the respective terms. Members so elected shall take office on the first day of January following the election for board members in November, 1989, for the term of office to begin in January, 1990, and every election thereafter. Each of six board members shall be voted on and elected by only the qualified voters who reside in the ward from which a board member seeks office, and only one board member shall be voted on and elected by the qualified voters from the city at large, each to serve a four-year term of office and until his or her successor is elected and qualified. (c) Until January 1, 1990, three members of the Cartersville School Board shall constitute a quorum, and a majority vote, but not less than three affirmative votes, shall be sufficient for the transaction of any business. After January 1, 1990, four members of the Cartersville School Board shall constitute a quorum, and a majority vote, but not less than four affirmative votes, shall be sufficient for the transaction of any business. Section 6. Said Act is further amended by striking Section 7.01 of said Act and inserting in lieu thereof a new Section 7.01 to read as follows: Section 7.01. Regular Elections; Time for Holding and Taking Office. The regular election for mayor, councilmen, and Cartersville School Board members shall be held on the first Tuesday after the first Monday in November, 1989, and on said date biennially thereafter. Officials elected at any regular

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election shall take office on the first day of January subsequent to their election. Section 7. Said Act is further amended by striking Section 7.02 and inserting in lieu thereof a new Section 7.02 to read as follows: Section 7.02. Wards; Ward Residency Requirements; Elections at Large. (a) On and after March 1, 1989, each councilman and six of the Cartersville School Board members shall be elected, with one of each such officials being elected from each of the six wards of the city, as hereafter defined, by the qualified voters who reside in the ward from which each such councilman and each such school board member seeks office. The mayor and one school board member shall be elected by the qualified voters of the entire city at large. (b) The City of Cartersville shall be divided into six wards to be numbered ward one through ward six having such metes and boundaries and limits to be prescribed as follows: (1) By July 15, 1989, the city council shall divide the city into six wards as nearly equal as possible according to the population in each ward. Variations in population among such wards shall comply with the one person-one vote requirements of the United States Constitution. The wards shall consist of areas which are bounded on all sides only by: (A) Visible features which are readily distinguishable upon the ground, such as streets, railroad tracks, streams, lakes, and ridges, and which are indicated upon official Department of Transportation maps; or (B) The boundaries of counties and incorporated municipalities; (2) The council, in dividing the city into six wards, shall use the 1980 United States decennial census as the basis and guide, taking into consideration any annexations extending the city limits since 1980; and (3) The city council shall, after every United States census, realign the wards of the City of Cartersville to make

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them as nearly equal in population as possible, in the same manner as prescribed above. (c) After the council has determined the way in which the wards should be divided, according to the guidelines specified in subsection (b) of this section, it shall have a map prepared which clearly shows the six separate wards. The city council shall, within 30 days prior to the establishment of any new ward boundaries, publish a notice of such changes once a week for two weeks in the official organ of the county and post a conspicuous notice of such changes in at least five public and conspicuous places in each affected ward. At least one such notice shall be posted at or in the immediate vicinity of the polling place or places. Each notice shall state the date upon which adoption of such changes is proposed to be made and shall direct interested persons to address their comments or questions to the election superintendent. (d) No councilman nor member of the Cartersville School Board shall be disqualified from completing his or her term of office by virtue of the realignment changing his or her residence from one ward to another. 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 1989 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Cartersville, approved March 28, 1974 (Ga. L. 1974, p. 3697), as amended; and for other purposes. This 1st day of February, 1989. (s) Hugh Boyd Pettit, III

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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 Daily Tribune News which is the official organ of Bartow County, on the following date: February 16, 1989. /s/ Boyd Pettit Representative, 19th District Sworn to and subscribed before me, this 21st day of February, 1989. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved March 30, 1989. BARTOW COUNTY TAX COMMISSIONER; COMPENSATION. No. 284 (House Bill No. 924). AN ACT To amend an Act creating the office of tax commissioner of Bartow County, approved March 17, 1958 (Ga. L. 1958, p. 2683), as amended, so as to change the compensation of the tax commissioner

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and the provisions relating thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the office of tax commissioner of Bartow County, approved March 17, 1958 (Ga. L. 1958, p. 2683), as amended, is amended by striking subsection (a) of Section 4 of said Act and inserting in lieu thereof a new subsection (a) to read as follows: (a) (1) The tax commissioner of Bartow County shall receive a base salary in an amount equal to the sum derived by adding the annual amount received by the tax commissioner pursuant to subsection (g) of Code Section 48-5-137 of the Official Code of Georgia Annotated to an amount which shall be the higher of: (A) The sum derived by deducting the annual amount received by the tax commissioner pursuant to subsection (g) of Code Section 48-5-137 of the Official Code of Georgia Annotated from 85 percent of the salary of the sheriff of Bartow County as specified in subsection (a) of Section 2 of an Act placing certain of the county officers of Bartow County on an annual salary, approved March 21, 1958 (Ga. L. 1958, p. 2866), as amended; or (B) The sum derived by deducting the annual amount received by the tax commissioner pursuant to subsection (g) of Code Section 48-5-137 of the Official Code of Georgia Annotated from 85 percent of the minimum annual salary of the sheriff of Bartow County as computed under subsection (a) of Code Section 15-16-20 of the Official Code of Georgia Annotated, as such Code section existed on January 31, 1989, or is amended after such date, plus any increase in such amounts which the sheriff of Bartow County was receiving on January 31, 1989, pursuant to subsection (b) of Code Section 15-16-20, as such subsection existed on January 31, 1989, for terms completed by such sheriff prior to January 31, 1989.

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(2) The tax commissioner of Bartow County shall also receive a cost-of-living adjustment of 5 percent of the amount calculated under paragraph (1) of this subsection for each four-year term of office served by such tax commissioner, figured at the end of each such period of service. The increase shall not have retroactive effect, except that the term in which the tax commissioner is serving on January 31, 1989, shall be counted for determining the appropriate salary under this section. Section 4. This Act shall become effective on January 1, 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 given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to amend an Act creating the office of tax commissioner of Bartow County, approved March 17, 1958 (Ga. L. 1958, p. 2683), as amended; and for other purposes. This 1st day of February, 1989. (s) Hugh Boyd Pettit, III 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 Daily Tribune News which is the official organ of Bartow County, on the following date: February 16, 1989.

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/s/ Boyd Pettit Representative, 19th District Sworn to and subscribed before me, this 21st day of February, 1989. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved March 30, 1989. BARTOW COUNTY COMMISSIONER; COMPENSATION. No. 285 (House Bill No. 925). AN ACT To amend an Act creating the office of commissioner of Bartow County, approved July 28, 1924 (Ga. L. 1924, p. 276), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4130), so as to change the compensation of the commissioner and the provisions relating thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the office of commissioner of Bartow County, approved July 28, 1924 (Ga. L. 1924, p. 276), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4130), is amended by striking Section 16 of said Act and inserting in lieu thereof a new Section 16 to read as follows:

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Section 16. (a) The commissioner of Bartow County shall receive a base salary in an amount of $1,000.00 per annum plus an amount which shall be the higher of: (1) The salary of the sheriff of Bartow County as specified in subsection (a) of Section 2 of an Act placing certain of the county officers of Bartow County upon an annual salary, approved March 21, 1958 (Ga. L. 1958, p. 2866), as amended; or (2) The minimum annual salary of the sheriff of Bartow County as computed under subsection (a) of Code Section 15-16-20 of the Official Code of Georgia Annotated, as such Code section existed on January 31, 1989, or is amended after such date, plus any increase in such amounts which the sheriff of Bartow County was receiving on January 31, 1989, pursuant to subsection (b) of Code Section 15-16-20, as such subsection existed on January 31, 1989, for terms completed by such sheriff prior to January 31, 1989. (b) The commissioner shall also receive a cost-of-living adjustment of 5 percent of the amount calculated under subsection (a) of this section for each four-year term of office served by such commissioner, figured at the end of each such period of service. The increase shall not have retroactive effect, except that the term in which the commissioner is serving on January 31, 1989, shall be counted for determining the appropriate salary under this section. Section 2. This Act shall become effective on 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 1989 session of the General Assembly of Georgia a bill to amend an Act creating the office of commissioner of Bartow County, approved

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July 28, 1924 (Ga. L. 1924, p. 276), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4130); and for other purposes. This 1st day of February, 1989. (s) Hugh Boyd Pettit, III 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 Daily Tribune News which is the official organ of Bartow County, on the following date: February 16, 1989. /s/ Boyd Pettit Representative, 19th District Sworn to and subscribed before me, this 21st day of February, 1989. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved March 30, 1989.

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BARTOW COUNTY SHERIFF; CLERK OF THE SUPERIOR COURT; JUDGE OF THE PROBATE COURT; COMPENSATION. No. 286 (House Bill No. 927). AN ACT To amend an Act placing certain of the county officers of Bartow County upon an annual salary, approved March 21, 1958 (Ga. L. 1958, p. 2866), as amended, so as to change the provisions relating to the compensation of the sheriff, clerk of the superior court, and judge of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act placing certain of the county officers of Bartow County upon an annual salary, approved March 21, 1958 (Ga. L. 1958, p. 2866), as amended, is amended by striking subsection (a) of Section 2 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) The sheriff of Bartow County shall receive a salary of $43,000.00 per annum, to be paid in equal monthly installments from the funds of Bartow County. Such compensation shall be in lieu of all fees, costs, and perquisites of whatever kind heretofore received by the sheriff. Section 2. Said Act is further amended by striking subsection (a) of Section 3 of said Act and inserting in lieu thereof a new subsection (a) to read as follows: (a) (1) The clerk of the Superior Court of Bartow County shall receive a base salary in an amount which shall be the higher of: (A) Eighty-five percent of the salary of the sheriff of Bartow County as specified in subsection (a) of Section 2 of this Act; or

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(B) Eighty-five percent of the minimum annual salary of the sheriff of Bartow County as computed under subsection (a) of Code Section 15-16-20 of the Official Code of Georgia Annotated, as such Code section existed on January 31, 1989, or is amended after such date, plus any increase in such amounts which the sheriff of Bartow County was receiving on January 31, 1989, pursuant to subsection (b) of Code Section 15-16-20, as such subsection existed on January 31, 1989, for terms completed by such sheriff prior to January 31, 1989. (2) The clerk of the Superior Court of Bartow County shall also receive a cost-of-living adjustment of 5 percent of the amount calculated under paragraph (1) of this subsection for each four-year term of office served by such clerk, figured at the end of each such period of service. The increase shall not have retroactive effect, except that the term in which the clerk is serving on January 31, 1989, shall be counted for determining the appropriate salary under this section. Section 3. Said Act is further amended by striking subsection (a) of Section 4 of said Act and inserting in lieu thereof a new subsection (a) to read as follows: (a) (1) The judge of the Probate Court of Bartow County shall receive a base salary in an amount which shall be the higher of: (A) Eighty-five percent of the salary of the sheriff of Bartow County as specified in subsection (a) of Section 2 of this Act; or (B) Eighty-five percent of the minimum annual salary of the sheriff of Bartow County as computed under subsection (a) of Code Section 15-16-20 of the Official Code of Georgia Annotated, as such Code section existed on January 31, 1989, or is amended after such date, plus any increase in such amounts which the sheriff of Bartow County was receiving on January 31, 1989, pursuant to subsection (b) of Code Section 15-16-20, as such subsection existed on January 31, 1989, for

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terms completed by such sheriff prior to January 31, 1989. (2) The judge of the Probate Court of Bartow County shall also receive a cost-of-living adjustment of 5 percent of the amount calculated under paragraph (1) of this subsection for each four-year term of office served by such judge, figured at the end of each such period of service. The increase shall not have retroactive effect, except that the term in which the judge is serving on January 31, 1989, shall be counted for determining the appropriate salary under this section. Section 4. This Act shall become effective on January 1, 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 given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to amend an Act placing certain of the county officers of Bartow County upon an annual salary, approved March 21, 1958 (Ga. L. 1958, p. 2866), as amended; and for other purposes. This 1st day of February, 1989. (s) Hugh Boyd Pettit, III 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

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that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Daily Tribune News which is the official organ of Bartow County, on the following date: February 16, 1989. /s/ Boyd Pettit Representative, 19th District Sworn to and subscribed before me, this 21st day of February, 1989. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved March 30, 1989. BARTOW COUNTY MAGISTRATE COURT; CHIEF MAGISTRATE; COMPENSATION. No. 287 (House Bill No. 928). AN ACT To amend an Act providing for the compensation of the chief magistrate of the Magistrate Court of Bartow County, approved March 18, 1985 (Ga. L. 1985, p. 3788), so as to change the compensation of the chief magistrate and the provisions related thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1. An Act providing for the compensation of the chief magistrate of the Magistrate Court of Bartow County, approved March 18, 1985 (Ga. L. 1985, p. 3788), is amended by striking Section 1 of said Act and inserting in lieu thereof a new Section 1 to read as follows: Section 1. (a) The chief magistrate of the Magistrate Court of Bartow County shall receive a base salary in an amount which shall be the higher of: (1) Eighty-five percent of the salary of the sheriff of Bartow County as specified in subsection (a) of Section 2 of an Act placing certain of the county officers of Bartow County on an annual salary, approved March 21, 1958 (Ga. L. 1958, p. 2866, as amended; or (2) Eighty-five percent of the minimum annual salary of the sheriff of Bartow County as computed under subsection (a) of Code Section 15-16-20 of the Official Code of Georgia Annotated, as such Code section existed on January 31, 1989, or is amended after such date, plus any increase in such amounts which the sheriff of Bartow County was receiving on January 31, 1989, pursuant to subsection (b) of Code Section 15-16-20, as such subsection existed on January 31, 1989, for terms completed by such sheriff prior to January 31, 1989. (b) The chief magistrate of the Magistrate Court of Bartow County shall also receive a cost-of-living adjustment of 5 percent of the amount calculated under subsection (a) of this section for each four-year term of office served by such chief magistrate, figured at the end of each such period of service. The increase shall not have retroactive effect, except that the term in which the chief magistrate is serving on January 31, 1989, shall be counted for determining the appropriate salary under this section. Section 2. This Act shall become effective on January 1, 1990. Section 3. 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 1989 session of the General Assembly of Georgia a bill to amend an Act providing for the compensation of the chief magistrate of the Magistrate Court of Bartow County, approved March 18, 1985 (Ga. L. 1985, p. 3788); and for other purposes. This 1st day of February, 1989. (s) Hugh Boyd Pettit, III 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 Daily Tribune News which is the official organ of Bartow County, on the following date: February 16, 1989. /s/ Boyd Pettit Representative, 19th District Sworn to and subscribed before me, this 21st day of February, 1989. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved March 30, 1989.

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CITY OF CARTERSVILLE HOMESTEAD EXEMPTION; REFERENDUM. No. 288 (House Bill No. 929). AN ACT To provide for a homestead exemption from all City of Cartersville ad valorem taxes, except ad valorem taxes specifically levied to pay interest on and retire bonded indebtedness, in the amount of $20,000.00 on the homestead of each resident of such city who is 62 years of age or older or totally disabled if the total income of such resident and all members of such resident's family who live at such residence, from all sources, is $18,000.00 or less for the immediately preceding calendar year; to provide for definitions; to provide for practices, procedures, and requirements related to eligibility for, the claiming of, and the granting of such exemption; to provide for applicability; to provide for other 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. As used in this Act, the term homestead means such term as defined and qualified by Code Section 48-5-40 of the Official Code of Georgia Annotated. Section 2. Each resident of the City of Cartersville who is 62 years of age or older or who is totally disabled is granted an exemption on that person's homestead from all City of Cartersville ad valorem taxes, except ad valorem taxes specifically levied to pay interest on and retire bonded indebtedness, in the amount of $20,000.00 if such resident's total income from all sources, including social security benefits, railroad retirement benefits, other pensions or annuities, and tax exempt income, and the total income from all sources of all members of such resident's family who live at such

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residence is $18,000.00 or less for the immediately preceding calendar year. To qualify for such exemption the resident must actually occupy such homestead as his or her residence. The value of all homestead property in excess of the above-exempted amount shall remain subject to taxation. Section 3. The homestead exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption from City of Cartersville ad valorem taxation granted by the Constitution and laws of this state. Section 4. The governing authority of the City of Cartersville or its designee shall provide application forms for the exemption granted by this Act and may require such information and documentation as may be reasonably necessary to determine the eligibility of an applicant for any such homestead exemption. The homestead exemptions granted by this Act shall be claimed and returned as provided in Code Section 48-5-50.1 of the Official Code of Georgia Annotated. It shall be the duty of any person granted a homestead exemption authorized by this Act to notify the governing authority of the City of Cartersville or its designee in the event the person for any reason becomes ineligible for such exemption. The exemption shall be renewed from year to year as long as the owner occupies the residence as a homestead. Section 5. The exemptions granted by this Act shall not apply to or affect any state taxes, county school taxes, or county taxes for county purposes. Section 6. The exemptions granted by this Act shall apply to all taxable years beginning after December 31, 1989. Section 7. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Cartersville 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 Cartersville for approval or rejection. The election superintendent shall conduct that election on November 7, 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 Bartow County. The ballot shall have written or printed thereon the words:

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() YES () NO Shall the Act be approved which provides for a homestead exemption from all City of Cartersville ad valorem taxes, except ad valorem taxes specifically levied to pay interest on and retire bonded indebtedness, in the amount of $20,000.00 on the homestead of each resident of such city who is 62 years of age or older or totally disabled if the total income of such resident and all members of such resident's family who live at such residence, from all sources, is $18,000.00 or less for the immediately preceding calendar 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 the City of Cartersville. 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 1989 session of the General Assembly of Georgia a bill to provide for a homestead exemption from all City of Cartersville ad valorem taxes, except ad valorem taxes to pay interest on and retire bonded indebtedness; to provide for a referendum; to repeal conflicting laws; and for other purposes.

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This 1st day of February, 1989. (s) Hugh Boyd Pettit, III 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 Daily Tribune News which is the official organ of Bartow County, on the following date: February 16, 1989. /s/ Boyd Pettit Representative, 19th District Sworn to and subscribed before me, this 21st day of February, 1989. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved March 30, 1989.

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AUGUSTA CANAL AUTHORITY CREATION. No. 289 (House Bill No. 942). AN ACT Creating the Augusta Canal Authority; to provide for definitions; to provide for the purposes of the authority; to provide for membership of the authority; to provide for the appointment, terms, and eligibility for reappointment of the members of the authority; to provide for a quorum; to provide for officers; to provide for filling vacancies; to provide for the removal of members; to describe conflicts of interest and penalties for violations; to provide for powers of the authority; to provide for the issuance of revenue bonds generally; to provide for the applicability of the Revenue Bond Law; to provide for the authorized contents of agreements of the authority generally; to provide for the use of proceeds, subsequent issues, and bond anticipation notes; to provide that obligations of the authority shall not be obligations of the state or political subdivisions thereof; to provide for the constitutional authority for enactment of this Act and tax exemption; to provide for the applicability of the Georgia Securities Act of 1973; to provide for the effect of this Act under a successor government; to provide for the construction of this Act; to declare powers supplementary; 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 Augusta Canal Authority, which 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. Section 2. Definitions. As used in this Act, the term: (1) Authority means the Augusta Canal Authority created by this Act.

Page 4751

(2) 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, renovation, or rehabilitation incurred 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, water rights, connections for utility services, fees, franchises, permits, approvals, licenses, and certificates; the cost of securing any such franchises, permits, approvals, licenses, or certificates; and the cost of preparation of any application therefor and the cost of all fixtures, machinery, equipment, furniture, and other property used in or in connection with or necessary for any project; (C) All financing charges and loan fees and all interest on revenue bonds, notes, or other obligations of the authority which accrue or are paid prior to and during the period of construction of a project and during such additional period as the authority may reasonably determine to be necessary to place such project in operation; (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 issuance of any revenue bonds, notes, or other obligations for any project;

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(G) All fees of any type charged by the authority in connection with any project; (H) All expenses of or incidental to determining the feasibility or practicability of any project; (I) All costs of plans and specifications for any project; (J) All costs of title insurance and examinations of title with respect to any project; (K) 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; (L) Administrative expenses of the authority and such other expenses as may be necessary or incidental to any project or the financing thereof or the placing of any project in operation; and (M) 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 authority may approve with respect to the financing and operation of any project and as may be authorized by any bond resolution, trust agreement, indenture of trust, or similar instrument or agreement pursuant to the provisions of which the issuance of any revenue bonds, notes, or other obligations of the authority may be authorized. Any cost, obligation, or expense incurred for any of the foregoing purposes shall be part of the cost of the project and may be paid or reimbursed as such out of proceeds of revenue bonds, notes, or other obligations issued by the authority. (3) Governing body means the elected or duly appointed officials constituting the governing body of the City of Augusta or any successor government to the City of Augusta.

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(4) Member means a member of the authority established by this Act. (5) Project means any undertaking of the authority in connection with the revitalization and development of the City of Augusta within a project area, and shall be declared to include the creation of parks and recreation areas; buildings to be constructed and used for the housing of exhibits, exhibition purposes, amusement or educational purposes, or any combination of the above; public parking areas and public parking buildings; causeways, tunnels, viaducts, bridges, and other crossings; thoroughfares, parkways, and any avenue of traffic; and all other buildings, structures, or facilities useful and desirable in connection therewith, extension and improvements of such facilities, and the acquisition of the necessary property therefor, both real and personal, in order to accomplish the essential public purpose for which the authority is created. (6) Project area means any contiguous tract of land, a portion of which fronts on either side of the Augusta Canal, or any structure linking a tract of land on one side of the Augusta Canal to a tract of land on the opposite side of the Augusta Canal. A contiguous tract of land is deemed to mean any parcel or parcels of land which are contiguous except for the interposition of a road, street, stream, or similar property. Otherwise, parcels are contiguous if their boundaries meet at one or more points. (7) Revenue bonds or bonds means any bonds of the authority which are authorized to be issued under the Constitution and laws of the State of Georgia, including refunding bonds but not including notes or other obligations of the authority. Section 3. Purposes of the authority. (a) It is determined, declared, and established that the purpose of the authority is to promote the revitalization and development of the City of Augusta through the creation in the project areas of parks, recreation areas, and all other facilities useful or desirable in connection therewith. The creation of such areas is intended to develop and promote for the public good and general welfare trade, tourism, commerce, industry, and employment opportunities and to promote the general welfare of

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this state by creating a climate favorable to the location of new industry, trade, and commerce and the development of existing industry, trade, commerce, and tourism opportunities within the City of Augusta. (b) It is determined, declared, and established that the creation of the authority and the implementation of the corporate purposes set forth in this Act is in all respects for the benefit of the people of this state generally and for the people residing in the City of Augusta and surrounding areas of the State of Georgia specifically; and it is further declared that the revitalization and development of the project areas are proper public purposes and this Act is adopted for the purposes of promoting and expanding for the public good and welfare the public facilities of said areas, including the construction of streets, roadways, and parks and for the purposes of acquiring, constructing, adding to, extending, improving, equipping, maintaining any and all facilities useful or desirable in connection therewith, acquiring the necessary property therefor, both real and personal, with the right to contract for the use of or to lease or sell any or all of such facilities, including real property, and to do any and all things deemed by the authority necessary, convenient, or desirable for and incident to the efficient and proper development, revitalization, modernization, and operation thereof. (c) It is further found, determined, and declared that all property of said authority is declared and shall in all respects be considered to be public property and title to such property shall be held by the authority only for the benefit of the public, and the use of such property pursuant to the terms of this Act shall be and is declared to be for public and governmental purposes, that is, for the promotion of the general public welfare in matters of cultural development, education, pleasure, convenience, and recreation of the public at large, in an effort to better the general condition of society or that considerable part of society residing in the City of Augusta and surrounding areas of the State of Georgia, which promotion is declared to be a public beneficence for the good of humanity and for the general improvement and happiness of society, and all the property, income, obligations, and interest on the obligations of the authority and the transfer thereof shall be and are declared to be nontaxable for any and all purposes. Section 4. Authority; membership. The authority shall be composed of five members who shall be residents and qualified voters

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of the City of Augusta. The governing body of the City of Augusta shall appoint two members of the authority who shall each serve for an initial term of three years and three members who shall each serve for a term of six years. After expiration of the initial terms, the terms of all members shall be six years. If at the end of any term of office of any member a successor to such member has not been appointed, the member whose term of office has expired shall continue to hold office until his successor is appointed. A majority of the authority shall constitute a quorum. Any member of the authority otherwise qualified shall be eligible for reappointment unless such member has served for two consecutive terms, in which case said member shall not be eligible for reappointment until after a period of one year's absence from authority membership. Section 5. Officers. The members shall elect one of their number as chairman and another as vice chairman and shall also elect a secretary and a treasurer or a secretary-treasurer, either of whom may but need not be a member. The members shall receive no compensation for their services but shall be reimbursed for actual expenses incurred in the performance of their duties. The authority shall have perpetual existence. Section 6. Vacancies in authority. Should an appointed member vacate his office either by resignation, death, change of residence, or removal as provided in Section 7 of this Act or for any other reason, the governing body of the City of Augusta shall, as soon as practicable, appoint another qualified person to serve as a member of the authority for the unexpired term. Section 7. Removal of members. Any member may be removed from office for good cause affecting his ability to perform his duties as a member, for misfeasance, malfeasance, or nonfeasance in office, or for violating the conflicts of interest 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 conflicts of interest provisions of this Act. Section 8. Conflicts of interest. No member of the authority or officer or employee thereof shall have a financial interest,

Page 4756

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 the authority shall be grounds for removal pursuant to Section 7 of this Act. Any violation of this provision by any officer or employee of the authority who is not also a member of the authority shall be grounds for removal by vote of three members of the authority. Section 9. Powers of the authority. (a) The authority shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this Act 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 authority or to further the public purpose for which the authority is created, including, but not limited to, contracts for construction of projects, leases of projects, contracts for sale of projects, agreements for loans to finance projects, and contracts with respect to the use of projects; (4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character, or any interest therein, in furtherance of the public purpose of the authority; (5) To finance, by loan, grant, lease, or otherwise, and to construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage projects and to pay the cost of any project from the proceeds of revenue bonds, notes, or other obligations of the authority or any other funds of the authority or from any contributions or loans by persons, corporations, partnerships, whether limited or general, or other entities, all of which the authority is authorized to receive, accept, and use;

Page 4757

(6) To borrow money to further or carry out its public purpose and to execute revenue bonds, notes, other obligations, leases, trust indentures, trust agreements, agreements for the sale of its revenue bonds, notes, or other obligations, loan agreements, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable, in the judgment of the authority, to evidence and to provide security for such borrowing; (7) To issue revenue bonds, notes, or other obligations of the authority and use the proceeds thereof for the purpose of paying, or loaning the proceeds thereof to pay, all or any part of the cost of any project and otherwise to further or carry out the public purpose of the authority and to pay all costs of the authority incidental to, or necessary and appropriate to, furthering or carrying out such purpose; (8) To make application directly or indirectly to any federal, state, county, or municipal government or agency or to any other source, whether public or private, for loans, grants, guarantees, or other financial assistance in furtherance of the authority's public purpose and to accept and use the same upon such terms and conditions as are prescribed by such federal, state, county, or municipal government or agency or other source; (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 authority; (10) To contract for any period, not exceeding 50 years, with the State of Georgia, state institutions, or any municipal corporation or county of this state for the use by the authority of any facilities or services of the state or any such

Page 4758

state institution, municipal corporation, or county, or for the use by any state institution or any municipal corporation or county of any facilities or services of the authority, provided that such contracts shall deal with such activities and transactions as the authority and any such political subdivision with which the authority contracts are authorized by law to undertake; (11) To extend credit or make loans to any person, corporation, partnership, whether limited or general, or other entity for the costs of any project or any part of the costs of any project, which credit or loans may be evidenced or secured by loan agreements, notes, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, or such other instruments, or by rentals, revenues, fees, or charges, upon such terms and conditions as the authority shall determine to be reasonable in connection with such extension of credit or loans, including provision for the establishment and maintenance of reserve funds; and, in the exercise of powers granted by this Act in connection with any project, the authority shall have the right and power to require the inclusion in any such loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other instrument such provisions or requirements for guaranty of any obligations, insurance, construction, use, operation, maintenance, and financing of a project, and such other terms and conditions, as the authority may deem necessary or desirable; (12) As security for repayment of any revenue bonds, notes, or other obligations of the authority, to pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any property of the authority, including, but not limited to, real property, fixtures, personal property, and revenues or other funds, and to execute any lease, trust indenture, trust agreement, agreement for the sale of the authority's revenue bonds, notes, or other obligations, loan agreement, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other agreement or instrument as may be necessary or desirable, in the judgment of the authority, to

Page 4759

secure any such revenue bonds, notes, or other obligations, which instruments or agreements may provide for foreclosure or forced sale of any property of the authority upon default in any obligation of the authority, either in payment of principal, premium, if any, or interest or in the performance of any term or condition contained in such agreement or instrument. The State of Georgia, on behalf of itself and each county, municipal corporation, political subdivision, or taxing district therein, waives any right it or such county, municipal corporation, political subdivision, or taxing district may have to prevent the forced sale or foreclosure of any property of the authority upon such default and agrees that any agreement or instrument encumbering such property may be foreclosed in accordance with the laws of this state and the terms thereof; (13) To receive and use the proceeds of any tax levied by a municipal corporation to pay the costs of any project or for any other purpose for which the authority may use its own funds pursuant to this Act; (14) To receive and administer gifts, grants, and devises of money and property of any kind and to administer trusts; (15) To use any real property, personal property, or fixtures or any interest therein or to rent or lease such property to or from others or make contracts with respect to the use thereof, or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner as it deems to the best advantage of the authority and the public purpose thereof; (16) To acquire, accept, or retain equitable interests, security interests, or other interests in any real property, personal property, or fixtures by loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, pledge, conveyance, contract, lien, loan agreement, or other consensual transfer in order to secure the repayment of any moneys loaned or credit extended by the authority;

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(17) To appoint, select, and employ engineers, consultants, surveyors, architects, urban or city planners, fiscal agents, attorneys, and others and to fix their compensation and pay their expenses; (18) To encourage, advertise, and promote the improvement and revitalization of the project areas and to make, contract for, or otherwise cause to be made long-range plans or proposals for the project areas in cooperation with the City of Augusta; (19) To adopt bylaws governing the conduct of business by the authority, the election and duties of officers of the authority, and other matters which the authority determines to deal with in its bylaws; and (20) To do all things necessary or convenient to carry out the powers conferred by this Act. (b) The powers enumerated in each paragraph of subsection (a) of this section are cumulative of and in addition to those powers enumerated in other paragraphs of subsection (a) of this section and elsewhere in this Act, and no such power limits or restricts any other power of the authority. Section 10. Revenue bonds generally. (a) The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created by this Act, shall have the power and is authorized to provide by resolution for the issuance of revenue bonds for the purpose of paying all or any part of the cost as defined in this Act of any one or more projects. (b) Revenue bonds, notes, or other obligations issued by the authority shall be paid solely from the property, including, but not limited to, real property, fixtures, personal property, revenues, or other funds, that is pledged, mortgaged, conveyed, assigned, hypothecated, or otherwise encumbered to secure or to pay such bonds, notes, or other obligations. (c) All revenue bonds, notes, and other obligations shall be authorized by resolution of the authority and adopted by a majority vote of the members of the authority at a regular or special meeting.

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(d) Revenue 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, 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 authority authorizing the issuance of such revenue bonds, notes, or other obligations shall bind the members of the authority then in office and their successors. (e) The authority 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 under this Act. The refunding bonds may be exchanged for the bonds to be refunded, with such cash adjustments as may be agreed upon, or may be sold and the proceeds applied to the purchase or redemption of the bonds to be refunded. (f) There shall be no limitation upon the amount of revenue bonds, notes, or other obligations which the authority may issue. Any limitations with respect to interest rates or any maximum interest rate or rates found in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law, the usury laws of this state, or any other laws of this state shall not apply to revenue bonds, notes, or other obligations of the authority. Section 11. Applicability of Revenue Bond Law; form; provisions for exchange and transfer; certificate of validation; specification of interest rates in notice to district attorney or Attorney General; cost of the project or cost of any project defined. (a) All bonds issued by the authority under this Act shall be issued and validated under and in accordance with Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law, except as provided in this Act, provided that notes and other obligations of the authority may, but shall not be required to, be so validated. (b) Bonds issued by the authority may be in such form, either coupon or fully registered, or both coupon and fully registered, and may be subject to such exchangeability and transferability provisions

Page 4762

as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide. (c) Bonds shall bear a certificate of validation. The signature of the clerk of the Superior Court of Richmond 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. (d) In lieu of specifying the rate or rates of interest which bonds to be issued by an authority are to bear, 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, which may be fixed or may fluctuate or otherwise change from time to time, 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 Act shall be construed as prohibiting or restricting the right of the authority to sell such bonds at a discount, even if in doing so the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint. (e) The terms cost of the project and cost of any project shall have the meaning prescribed in this Act whenever those terms are referred to in bond resolutions of the authority, in bonds, notes, or other obligations of the authority, or in notices or proceedings to validate such bonds, notes, or other obligations of the authority. Section 12. Authorized contents of agreements and instruments of authority generally; use of proceeds; subsequent issues; bond anticipation notes. (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 authority may contain such provisions not inconsistent with law as shall be determined by the authority.

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(b) The proceeds derived from the sale of all bonds, notes, and other obligations issued by the authority shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted in this Act, all or part of the cost of any project or for the purpose of refunding any bonds, notes, or other obligations issued in accordance with this Act. (c) Issuance by the authority of one or more series of bonds, notes, or other obligations for one or more purposes shall not preclude it from issuing other bonds, notes, or other obligations in connection with the same project or with any other projects; provided, however, that the proceeding wherein any subsequent bonds, notes, or other obligations are issued shall recognize and protect any prior loan agreement, mortgage, deed to secure debt, trust deed, security agreement, or other agreement or instrument made for any prior issue of bonds, notes, or other obligations, unless in the resolution authorizing such prior issue the right is expressly reserved to the authority to issue subsequent bonds, notes, or other obligations on a parity with such prior issue. (d) The authority shall have the power and is authorized, whenever bonds of the authority shall have been validated as provided in this Act, to issue from time to time its notes in anticipation of such bonds as validated and to renew from time to time any such notes by the issuance of new notes, whether or not the notes to be renewed have matured. The authority may issue such bond anticipation notes only to provide funds which would otherwise be provided by the issuance of the bonds as validated. Such notes may be authorized, sold, executed, and delivered in the same manner as bonds. As with its bonds, the authority may sell such notes at public sale or at private sale. Any resolution or resolutions authorizing notices of the authority or any issue thereof may contain any provisions which the authority is authorized to include in any resolution or resolutions authorizing bonds of the authority to any issue thereof; and the authority may include in any notes any terms, covenants, or conditions which the authority is authorized to include in any bonds. Validation of such bonds shall be a condition precedent to the issuance of such bonds, but it shall not be required that such notes be judicially validated. Bond anticipation notes shall not be issued in an amount exceeding the par value of the bonds in anticipation of which they are to be issued.

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Section 13. Obligations of authority not public debt of state or political subdivision thereof. No bonds, notes, or other obligations of and no indebtedness incurred by the authority shall constitute an indebtedness or obligation of the State of Georgia or any county, municipal corporation, or political subdivision thereof, not shall any act of the authority in any manner, nor any contract entered into by the authority with any county, municipal corporation, or political subdivision thereof, constitute or result in the creation of an indebtedness of this state or any county, municipal corporation, or political subdivision thereof. Any county, municipal corporation, or political subdivision of this state may obligate itself to pay the payments required under such contracts from moneys received from taxes and from any other source without creating a debt within the meaning of Article IX, Section V, Paragraph I of the Constitution of the State of Georgia. No holder or holders of any such bonds, notes, or other obligations shall ever have the right to compel any exercise of the taxing power of the state or any county, municipal corporation, or political subdivision thereof, not to enforce the payment thereof against the state or any such county, municipal corporation, or political subdivision. Section 14. Constitutional authority for enactment of Act; tax exemption. This Act is enacted pursuant to authority granted the General Assembly by the Constitution of the State of Georgia. The authority is created for nonprofit and public purposes, and it is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of this state and that the authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this Act; and for such reasons the state covenants from time to time with the holders of the bonds, notes, and other obligations issued under this Act, that the authority shall be required to pay any taxes or assessments imposed by this state or any counties, municipal corporations, political subdivisions, or taxing districts thereof upon any property acquired by the authority or under its jurisdiction, control, possession, or supervision or leased by it to others or upon its activities in the operation or maintenance of any such property or on any income dervied by the authority in the form of fees, recording fees, rentals, charges, purchase price, installments, or otherwise; and that the bonds, notes, and other obligations of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within this state. The tax exemption provided for in this Act

Page 4765

shall not include any exemption from sales and use taxes on property purchased by the authority or for use by the authority. Section 15. Applicability of the Georgia Securities Act of 1973. The offer, sale, or issuance of bonds, notes, or other obligations by the authority 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 by this Act shall be necessary to the performance of any act authorized by this Act, nor shall any such act be subject to referendum. Section 16. Effect of Act under successor government. Any reference in this Act to the City of Augusta shall be deemed to include the City of Augusta in its present governmental form or any governmental entity which may succeed to the powers, duties, and liabilities vested in the current government. All provisions of this Act shall be effective under any such successor government, which would include, but is not limited to, a successor consolidated government of the City of Augusta and Richmond County. Section 17. Construction. This Act and all provisions, rights, and powers granted to the authority, being for the welfare of the state and its inhabitants, shall be liberally construed for the accomplishment of its purposes. Section 18. Powers declared supplementary. The provisions of this Act shall be regarded as supplementary and additional to powers conferred by other laws and shall not be regarded as being in derogation of any powers now existing. Section 19. Severability. 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 of parts hereof would be declared or adjudged invalid or unconstitutional. Section 20. Repealer. 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 1989 session of the General Assembly of Georgia a local legislation to create an Augusta Canal Authority; to provide for matters relating thereto; and for other purposes. This 14th day of February, 1989. Paul H. Dunbar, III Attorney for City 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: February 17, 1989. /s/ Jack Connell Representative, 87th District Sworn to and subscribed before me, this 22nd day of February, 1989. /s/ Mary Margaret Oliver Notary Public, Commission Expires July '90 Approved March 30, 1989.

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BULLOCH COUNTY JUDGE OF THE PROBATE COURT; SHERIFF; CLERK OF THE SUPERIOR COURT; TAX COMMISSIONER; COMPENSATION; PERSONNEL. No. 290 (House Bill No. 944). AN ACT To revise and consolidate provisions relating to the probate judge, sheriff, clerk of superior court, and tax commissioner of Bulloch County and their offices and personnel therein; to continue without change current provisions relating to the compensation of said officers; to change provisions relating to the compensation of personnel in the offices of said officers; to provide for related matters; to repeal specific Acts; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. As used in this Act, the term county officer includes the probate judge, sheriff, clerk of superior court, and tax commissioner of Bulloch County. Section 2. (a) Each county officer shall be compensated as follows: (1) The probate judge shall receive an annual salary as provided by general state law; (2) The sheriff shall receive an annual salary as provided by general state law; (3) The clerk of superior court shall receive an annual salary as provided by general state law; and (4) The tax commissioner shall receive an annual salary of $32,000.00 plus the $2,400.00 annual allowance under subsection (g) of Code Section 48-5-141 of the O.C.G.A. for service of the tax commissioner as ex officio sheriff.

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(b) The compensation provided for in subsection (a) of this section shall be the sole and exclusive compensation of the county officers. Such compensation shall be payable in equal monthly installments from funds of Bulloch County. Section 3. (a) Each county officer shall diligently and faithfully undertake to collect as county funds any and all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, moneys, and other emoluments and perquisites which were formerly or might otherwise be allowed to such county officer as compensation for his or her services; and each county officer shall receive and hold such amounts in trust for the county as county funds. (b) Each county officer other than the tax commissioner shall account for and pay over to the county fiscal authority by the tenth day of each month all amounts referred to in subsection (a) received by such county officer during the immediately preceding month. The tax commissioner shall account for and pay over such amounts at the times specified in Code Sections 48-5-141 and 48-5-142 of the O.C.G.A. At the time of payment to the county fiscal authority, each county officer shall provide to the county fiscal authority and the county governing authority a detailed itemized statement under oath of all such receipts and the sources from which they were received. Section 4. Each county officer shall have the authority to appoint such deputies, clerks, assistants, and other personnel as he or she shall deem necessary to discharge the official duties of his or her office efficiently and effectively. Each county officer shall, from time to time, recommend to the governing authority of said county the number of such personnel needed by his or her office, together with the suggested compensation to be paid each employee. However, it shall be within the sole discretion of the governing authority of said county to fix the compensation to be received by each employee in said office. It shall be within the sole power and authority of each county officer, during his or her term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants, or other employees, to prescribe their duties and assignments, and to remove or replace any of such employees at will and within such county officer's sole discretion. Section 5. The necessary operating expenses of the office of each county officer, expressly including the compensation of all

Page 4769

personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, uniforms, vehicles, and equipment, and the repair, replacement, and maintenance thereof, as may be reasonably required in discharging the official duties of said offices, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority. Section 6. Nothing in this Act shall be deemed to abolish or impair the office of tax commissioner of Bulloch County; and the tax commissioner shall continue to have and exercise all rights, powers, duties, and liabilities vested by law in county tax receivers and tax collectors. The tax commissioner in office on the effective date of this Act shall serve out the term for which elected and successors shall continue to be elected at the 1992 general election and quadrennially thereafter; to take office on January 1 next following their election; to serve for terms of four years and until their successors are selected and qualified; to be commissioned and qualified in the same manner as clerks of superior court; to take the oath prescribed by law for tax receivers and tax collectors; and to give bond in such amount and form as may be prescribed and approved by the governing authority of Bulloch County, with the premium of such bond to be paid from county funds as an expense of the county government. Section 7. Nothing in this Act is intended to change the compensation currently authorized by law for any county officer, and any provision of this Act which would by its terms effect such a change shall be void. Section 8. The following Acts are repealed in their entirety: (1) An Act relating to the probate judge (formerly ordinary) of Bulloch County, approved March 17, 1960 (Ga. L. 1960, p. 2590), as amended; (2) An Act relating to the sheriff of Bulloch County, approved March 17, 1960 (Ga. L. 1960, p. 2594), as amended;

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(3) An Act relating to the clerk of superior court of Bulloch County, approved March 17, 1960 (Ga. L. 1960, p. 2763), as amended; (4) An Act relating to the tax commissioner of Bulloch County, approved March 24, 1937 (Ga. L. 1937, p. 1261), as amended; and (5) An Act providing salary increases for certain officers and employees of Bulloch County during the period of 1977 through 1980, approved March 31, 1976 (Ga. L. 1976, p. 3752). Section 8. This Act shall become effective on 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 9. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to revise and consolidate provisions relating to the probate judge, sheriff, clerk of superior court, and tax commissioner of Bulloch County and their offices and personnel therein; to continue without change current provisions relating to the compensation of said officials; to change provisions relating to the compensation of personnel in the offices of said officers; to provide for related matters; to repeal specific Acts; to provide an effective date; to repeal conflicting laws; and for other purposes. Thisday of, 19.

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Honorable John Godbee District 110 Honorable Bob Lane District 111 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John F. Godbee, who, on oath, deposes and says that he is Representative from the 110th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Statesboro Herald which is the official organ of Bulloch County, on the following date: February 18, 1989. /s/ John F. Godbee Representative, 110th District Sworn to and subscribed before me, this 23rd day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989.

Page 4772

COBB COUNTY PROBATE COURT; JUDGE AND CLERK; COMPENSATION. No. 291 (House Bill No. 945). 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 24, 1988 (Ga. L. 1988, p. 4461), 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 24, 1988 (Ga. L. 1988, p. 4461), 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 $63,855.00, 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 $41,580.00 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 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 given that there will be introduced at the regular 1989 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 for other purposes. This 2nd day of Jan. 1989. /s/ Fred Aiken CHUCK CLAY ROY BARNES HUGH RAGAN SALLIE NEWBILL SENATORS JACK VAUGHN HERMAN CLARK STEVE THOMPSON EARL ERHART GRESHAM HOWREN FRED AIKEN JOHNNY ISAKSON JOHNNY GRESHAM TOM WILDER BILL ATKINS REPRESENTATIVES

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GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack Vaughan, Jr., 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 6, 1989. /s/ Jack Vaughan, Jr. Representative, 20th District Sworn to and subscribed before me, this 23rd day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. CITY OF BLAKELY MAYOR AND COUNCIL; ELECTIONS; TERMS; COUNCIL POSTS. No. 292 (House Bill No. 948). AN ACT To amend an Act incorporating the City of Blakely, approved December 18, 1900 (Ga. L. 1900, p. 219), as amended, particularly by an Act approved March 5, 1968 (Ga. L. 1968, p. 2112), so as to change the date of the general municipal election; to provide

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for council posts; to provide for terms of office of the mayor and councilmembers; 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 incorporating the City of Blakely, approved December 18, 1900 (Ga. L. 1900, p. 219), as amended, particularly by an Act approved March 5, 1968 (Ga. L. 1968, p. 2112), is amended by striking Section 4 in its entirety and substituting in lieu thereof a new Section 4 to read as follows: Section 4. (a) On Tuesday next following the first Monday in November, 1989, and biennially thereafter, and on the first Monday in November, 1990, and biennially thereafter, a general municipal election shall be held and conducted in said city to elect successors to the mayor and members of the council whose terms of office are expiring at the end of the calendar year following such general municipal election. (b) The mayor shall be elected at the general municipal election in November, 1990, and biennially thereafter. (c) (1) For the purpose of electing members of the city council, the City of Blakely shall consist of one election district with four numbered posts designated as Posts 1 through 4, respectively. Persons seeking election to the council shall select the post for which they offer as a candidate. (2) The members of the city council representing Posts 1 and 3 shall be elected at the general municipal election in 1989 and biennially thereafter. (3) The members of the city council representing Posts 2 and 4 shall be elected at the general municipal election in November, 1990, and biennially thereafter. (d) The terms of office of the mayor and members of the city council shall commence on the first day of January immediately following their election and they shall serve for terms of two years each and until their successors are duly elected and qualified.

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(e) (1) The candidate receiving a majority of the votes cast shall be declared the winner of the elective city office such candidate is seeking. (2) In the event that no candidate receives a majority of the votes cast, a run-off election shall be held and conducted in accordance with the ordinances of the city and Chapter 3 of Title 21 of the O.C.G.A., known as the `Georgia Municipal Election Code,' as now or hereafter amended. (3) In the event of a tie between the two candidates receiving the highest number of votes, a special election shall be held and conducted in accordance with the ordinances of the city and Chapter 3 of Title 21 of the O.C.G.A., known as the `Georgia Municipal Election Code,' as now or hereafter amended. Section 2. All laws and parts of laws in conflict with this Act are repealed. Notice Of Intention To Introduce Local Legislature Notice is given that there will be introduced in the regular 1989 Session of the Georgia General Assembly a Bill to amend an act incorporating the City of Blakely approved December 18, 1900, (G.L. 1900, P. 219), as amended, so as to change the date of election in said city; to provide for related matters and for other purposes this 17th day of January 1989. Mayor Guy H. Dunaway GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ralph J. Balkcom, who, on oath, deposes and says that he is Representative from the 140th District, and that the attached copy of Notice of Intention to Introduce Local

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Legislation was published in the Early County News which is the official organ of Early County, on the following date: February 16, 1989. /s/ Ralph J. Balkcom Representative, 140th District Sworn to and subscribed before me, this 21st day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. CITY OF HOMERVILLE MAYOR AND COUNCIL; ELECTIONS; TERMS; COUNCIL POSTS. No. 293 (House Bill No. 950). AN ACT To amend an Act creating a new charter for the City of Homerville, approved March 4, 1937 (Ga. L. 1937, p. 1921), as amended, so as to change the date of the municipal general election; to change the time for qualifying for election; to provide for election of councilmembers from posts; to provide for terms of the mayor and councilmembers; 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 new charter for the City of Homerville, approved March 4, 1937 (Ga. L. 1937, p. 1921), as amended, is amended by striking Section 7 in its entirety and inserting in lieu thereof a new Section 7 to read as follows: Section 7. (a) The municipal general election for the City of Homerville shall be conducted on the Tuesday next following the first Monday in November, 1991, and biennially thereafter. (b) The mayor in office on the effective date of this Act shall continue to serve until December 31, 1991, and until a successor is elected and qualified. A sucessor to the mayor shall be elected at the municipal general election in 1991, shall take office January 1 following such election, and shall serve for a term of two years and until a successor is elected and qualified. (c) The councilmembers in office on the effective date of this Act elected for terms to expire December 31, 1990, shall continue to serve until December 31, 1991, and until their successors are elected and qualified. Their successors shall be elected at the municipal general election immediately prior to the expiration of the term of office beginning in 1991 and shall take office January 1 following such election and shall serve for terms of four years and until their successors are elected and qualified. The councilmembers in office on the effective date of this Act elected for terms to expire December 31, 1992, shall continue to serve until December 31, 1993, and until their successors are elected and qualified. Their successors shall be elected at the municipal general election immediately prior to the expiration of a term of office beginning in 1993 and shall take office January 1 following such election and shall serve for terms of four years and until their successors are elected and qualified. (d) Positions on the council shall be designated as Posts 1, 2, 3, and 4, respectively. On the effective date of this Act, the position currently held by Mr. Willie Hardee, Jr., shall be deemed Post 1, the position held by Ms. Carol Chambers shall be deemed Post 2, the position held by Ms. June McLaine shall be deemed Post 3, and the position held by Ms. Gail Deloach shall be deemed Post 4. A candidate for city council shall designate the post for which he or she is offering and shall reside in the area encompassed by such post. The Homerville city council posts shall be as follows:

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Post 1 Clinch Tract 9901 Blocks 140 through 143 and 151 through 156 Blocks 157 through 161 within the City of Homerville Those parts of Block 162 north of Brown Street and west of Johnson Street extended to the corporate limits of the City of Homerville Blocks 163 and 164 That part of Block 165 within the City of Homerville Blocks 166 through 171 and 174 Post 2 Clinch Tract 9901 Blocks 144 through 150 That part of Block 162 within the City of Homerville bounded by Brown Street, Robinson Street, State Highway 187, and Johnson Street extended to the corporate limits of the City of Homerville Blocks 172, 173, 175 through 186, and 190 through 198 Blocks 207 through 209 Those parts of Blocks 210 and 211 within the City of Homerville Block 242 Post 3 Clinch Tract 9901 Those parts of Blocks 137 and 138 within the City of Homerville Blocks 187 through 189 and 199 Blocks 201 and 202 That part of Block 203 within the City of Homerville Blocks 204 through 206 Tract 9902 That part of Block 112 within the City of Homerville Blocks 118 through 124

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Blocks 148 through 155 and 162 through 169 Post 4 Clinch Tract 9902 That part of Block 113 within the City of Homerville Blocks 114 through 117 and 125 through 131 Those parts of Blocks 132, 133, and 141 within the City of Homerville Blocks 142 through 147, 156 through 161, and 170 through 186 (e) For the purposes of subsection (d) of this section: (1) The terms `Tract' 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 post 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. (f) In order to be elected to the office of mayor or councilmember, a candidate shall receive a majority of the votes cast for such office. Only those members residing in a post shall be qualified to vote for the councilmember to be elected from such post, but all resident electors of the City of Homerville shall be qualified to vote for the mayor. (g) Persons wishing to qualify as candidates for the offices of mayor and councilmember shall qualify therefor commencing at 9:00 A.M. on the first Monday of the month preceding the general municipal election date and concluding at 5:00 P.M. on the Friday next following such Monday. 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 Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia, a bill to provide for reapportionment of the City of Homerville, Georgia; to provide for City districts and posts and voting districts for qualifying times and periods and for the manner of electing members of the City Council of Homerville; to provide for other matters relative to the foregoing; and for other purposes. This 7th day of February, 1989. Honorable Tom Crosby, Jr. Representative 150th District GEORGIA, FULTON COUNTY. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, TOM CROSBY, who, on oath, deposes and says that he is Representative from the 150th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clinch County News which is the official organ of Clinch County, on the following date: February 9, 1989, February 16, 1989 and February 23, 1989. /s/ Tom Crosby Representative, 150th District

Page 4782

Sworn to and subscribed before me, this 23rd day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. CITY OF HINESVILLE MAYOR AND COUNCIL; ELECTIONS; TERMS; DISTRICTS; REFERENDUM. No. 294 (House Bill No. 956). AN ACT To amend an Act creating a new charter of the City of Hinesville, approved March 10, 1959 (Ga. L. 1959, p. 2604), as amended, 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 general municipal elections and terms of office; to provide for the election of the mayor; to provide for residency requirements; to provide procedures; 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 a new charter of the City of Hinesville, approved March 10, 1959 (Ga. L. 1959, p. 2604), as amended, 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) On Tuesday next following the first Monday in November, 1991, and on such day quadrennially thereafter, there shall be a general municipal election to elect a mayor of the City of Hinesville. The mayor shall be elected by a majority vote of the voters voting on a city-wide basis. The mayor shall take office on the first day of January following the general municipal election for a term of four years and until a successor is elected and qualified. Thereafter, a successor shall be elected at the general municipal election immediately preceding the expiration of a term of office and shall take office on the first day of January following such general municipal election for a term of four years and until a successor is elected and qualified. (b) For the purpose of electing the five members of the city council, the City of Hinesville shall be divided into five council districts as follows: COUNCIL DISTRICT 1 Beginning at a point where the Fort Stewart boundary intersects the General Screven Way; Thence south along General Screven Way to Stafford Street; thence west and northwest along Stafford Street to Franklin Street; thence west along Franklin Street to the Fort Stewart railroad; thence south along the Fort Stewart railroad to Glenn Bryant Road; thence east along Glenn Bryant Road to South Main Street; thence north along South Main Street Extension to Ralph Quarterman Drive; thence east along Ralph Quarterman Drive to Oglethorpe Highway; thence north along Oglethorpe Highway to an unnamed drainage canal that intersects Oglethorpe Highway immediately south of McArthur Drive; thence east along the unnamed drainage canal to South Main Street Extension; thence north along South Main Street to Deal Street; thence west along Deal Street to S.R. 196; thence east along S.R. 196 to General Screven Way; thence north along General Screven Way to Welborn Street; thence east and north along Welborn Street to Court Street; thence west along Court Street to Gause Street; thence north along Gause Street to Memorial Drive; thence southeast along Memorial Drive to Rebecca Street; thence north along Rebecca Street to Mills Avenue; thence east along Mills Avenue to Main Street; thence north along Main Street to General Stewart Way; thence west along

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General Stewart Way to Stewart Terrace; thence south, west and north along Stewart Terrace to General Stewart Way; thence west on General Stewart Way to the Fort Stewart boundary; thence south, southwest and west along the Fort Stewart boundary to the point of beginning. COUNCIL DISTRICT 2 Beginning at a point where the Fort Stewart boundary intersects General Stewart Way. Thence east along General Stewart Way to Stewart Terrace; thence south, east and north along Stewart Terrace to General Stewart Way; thence east along General Stewart Way to Main Street; thence south along Main Street to Mills Avenue; thence west along Mills Avenue to Rebecca Street; thence south along Rebecca Street to Memorial Drive; thence northwest along Memorial Drive to Gause Street; thence south along Gause Street to Court Street; thence east along Court Street to Welborn Street; thence south along Welborn Street to South Street; thence east along South Street to Oglethorpe Highway; thence east along Oglethorpe Highway to Fraser Street; thence southeast along Fraser Street to an unnamed drainage canal that intersects Fraser Street north of Forest Street; thence east along the unnamed drainage canal to Peacock Canal; thence north along Peacock Canal to the Hinesville City Limits; thence north, northeast, northwest, southwest, and south to the point of beginning. COUNCIL DISTRICT 3 Beginning at a point where the Fort Stewart boundary intersects the General Screven Way. Thence south along General Screven Way to Stafford Street; thence west and northwest along Stafford Street to Franklin Street; thence west along Franklin Street to the Fort Stewart railroad; thence south along the Fort Stewart railroad to Eunice Road; thence west along Eunice Road to Bacon Road; thence north along Bacon Road to Lee Road; thence west along Lee Road to Fleming Road; thence west along Fleming Road to Hearn Road; thence northwest along Hearn Road to S.R. 196; thence west along S.R. 196 to Pineland Avenue; thence south, southwest and west along Pineland Avenue to Kelly Drive; thence south along Kelly Drive to Debbie Drive;

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thence west along Debbie Drive to the Hinesville city limits; thence northwest, north, west, north, southwest, north, east, south, northeast, northwest, northeast, southeast, north, southwest, north, west, southwest, northwest, west, south, west, north, southwest, north, east, north, east, northeast, south and east along the Hinesville City Limits to the point of beginning. COUNCIL DISTRICT 4 Beginning at a point where the Courtland Drainage Canal intersects the Hinesville city limits. Thence west, southwest and west along Courtland Canal to Oglethorpe Highway; thence west along Oglethorpe Highway to Ralph Quarterman Drive; thence west along Ralph Quarterman Drive to South Main Street Extension; thence south along South Main Street Extension to Glenn Bryant Drive; thence west along Glenn Bryant Drive to the Fort Stewart Railroad; thence north along the Fort Stewart Railroad to Eunice Road; thence west along Eunice Road to Bacon Road; thence north along Bacon Road to Lee Road; thence west along Lee Road to Fleming Road; thence west along Fleming Road to Hearn Road; thence northwest along Hearn Road to S. R. 196; thence west along S.R. 196 to Pineland Avenue; thence south, southwest and west along Pineland Avenue to Kelly Drive; thence south along Kelly Drive to Debbie Drive; thence west along Debbie Drive to the Hinesville city limits; thence west, south, east, south, east, north, southeast, south, east, northeast, north, east, north, west, north, east, northeast and northwest along the Hinesville city limits to the point of beginning. COUNCIL DISTRICT 5 Beginning at a point where the Courtland Drainage Canal intersects the Hinesville city limits. Thence west, southwest and west along Courtland Canal to Oglethorpe Highway; thence east along Oglethorpe Highway to an unnamed drainage canal that intersects Oglethorpe Highway immediately south of McArthur Drive; thence east along the unnamed drainage canal to South Main Street Extension; thence north along South Main Street Extension to Deal Street; thence west along Deal Street to S.R. 196;

Page 4786

thence east along S.R. 196 to General Screven Way; thence northwest along General Screven Way to Welborn Street; thence east along Welborn Street to South Street; thence east along South Street to Oglethorpe Highway; thence east along Oglethorpe Highway to Fraser Street; thence southeast along Fraser Street to an unnamed drainage canal that intersects Fraser Street north of Forest Street; thence east along the unnamed drainage canal to Peacock Canal; thence northeast along Peacock Canal to the Hinesville City Limits; thence east, south, east, southwest, west, south, and west along the Hinesville City Limits to the point of beginning. (c) (1) There shall be one council member elected from each district as provided in this subsection. Council members shall be elected by a majority vote of the voters voting in their respective districts. 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 Tuesday next following the first Monday in November, 1991, and on such day quadrennially thereafter, there shall be a general municipal election to elect one member of the city council from each council district. Council members shall take office on the first day of January following their election for terms of four years and until their successors are elected and qualified. Thereafter, successors shall be elected at the general municipal election immediately preceding the expiration of their terms and they shall take office on the first day of January following such general municipal election for terms of four years and until their successors are elected and qualified. Section 2. Said Act is further amended by striking Section 5 in its entirety and substituting in lieu thereof a new Section 5 to read as follows: Section 5. (a) A candidate for mayor may not offer for election unless such person has been a resident of the City of Hinesville for at least 12 months immediately preceding the date of the municipal election. If the mayor moves his legal residence from the city, the office of mayor shall immediately become vacant.

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(b) 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 12 months immediately preceding the date of the municipal 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. Section 3. Said Act is further amended by striking Section 6 in its entirety and substituting in lieu thereof a new Section 6 to read as follows: Section 6. All municipal 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 4. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Hinesville 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 Hinesville for approval or rejection. The election superintendent shall conduct that election on the date of the November general election in 1990 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 Liberty County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides for the election of council members of the City of Hinesville from districts by the residents of such districts, provides for districts, provides for general municipal elections, and provides for residency requirements of council members be approved?

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All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect 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 Hinesville. 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 1989 session of the General Assembly of Georgia a bill to amend an Act providing a new Charter for the City of Hinesville, approved March 10, 1959 (GA. L. 1959, p. 2604) as amended, so as to change the method of electing the members of the City Council; to provide for election districts; to provide for related matters; to provide for a referendum; and for other purposes. This 13th day of January, 1989. James M. Floyd Representative District 154 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James M. Floyd, who, on oath,

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deposes and says that he is Representative from the 154th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Coastal Courier which is the official organ of Liberty County, on the following date: January 13, 1989. /s/ James M. Floyd Representative, 154th District Sworn to and subscribed before me, this 23rd day of January, 1989. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved March 30, 1989. BUTTS COUNTY TAX COMMISSIONER; SALARY SUPPLEMENT. No. 295 (House Bill No. 957). AN ACT To amend an Act abolishing the present method of compensating the tax commissioner of Butts County known as the fee system and providing in lieu thereof an annual salary, approved April 11, 1979 (Ga. L. 1979, p. 4159), as amended by an Act approved March 6, 1981 (Ga. L. 1981, p. 3060), and an Act approved March 28, 1986 (Ga. L. 1986, p. 5260), so as to provide a supplement to the annual salary of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act abolishing the present method of compensating the tax commissioner of Butts County known as the fee system and providing in lieu thereof an annual salary, approved April 11, 1979 (Ga. L. 1979, p. 4159), as amended by an Act approved March 6, 1981 (Ga. L. 1981, p. 3060), and an Act approved March 28, 1986 (Ga. L. 1986, p. 5260), is amended by striking Section 1 in its entirety and inserting in its place a new Section 1 to read as follows: Section 1. (a) The present method of compensating the tax commissioner of Butts County is abolished. Said officer shall receive for his services as such an annual base salary of $18,500.00 payable in equal monthly installments from the funds of Butts County. (b) In addition to the base salary provided in subsection (a) of this section, such officer shall receive a supplemental salary which shall be in an amount equal to 3 percent of the base salary multiplied by the number of years such officer has been in office. The supplemental salary shall be payable in equal monthly installments from the funds of Butts County. (c) In no event shall the base salary provided in subsection (a) of this section and the supplemental salary provided in subsection (b) of this section, when combined, exceed $25,000.00 per annum. (d) The tax commissioner, in addition to the base salary and supplement provided in subsections (a) and (b) of this section, shall receive a supplemental salary in the amount of $1,500.00 per annum payable in equal monthly installments from funds of Butts County. The provisions of subsection (c) of this section shall not apply to the supplemental salary provided under 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.

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 session of General Assembly of Georgia a bill to amend an Act placing the Tax Commissioner of Butts County upon an annual salary, approved April 11, 1979 (Ga. L. 1979, p. 4159), as amended, particularly by an Act approved March 6, 1981 (Ga. L. 1981, p. 3060); and for other purposes. This 13th day of February, 1989. 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 Jackson Progress-Argus which is the official organ of Butts County, on the following date: February 15, 1989. /s/ Larry Smith Representative, 78th District

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Sworn to and subscribed before me, this 24th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. ATHENS-CLARKE COUNTY ANTI-DRUG COMMISSION CREATION. No. 296 (House Bill No. 959). AN ACT To provide for the Athens-Clarke 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 proper to encourage the treatment of persons for alcohol and substance abuse and to deter and control, with the intent to ultimately eliminate, the unlawful use, consumption, possession, sale, transfer, delivery, dispensing, handling, trafficking, manufacturing, and growting 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 Athens or the

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County of Clarke 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 encourage the treatment of persons for alcohol and substance abuse and 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 Athens and in Clarke 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; 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 Athens-Clarke County Anti-Drug Commission Act. Section 2. Anti-Drug Commission. There is created a body corporate and politic, to be known as the Athens-Clarke 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. The commission, its officers, and members shall be subject to and possess the immunity from civil liability granted to members and officers of charitable or nonprofit institutions or organizations by Code Section 51-1-20. Section 3. Term of existence or duration. The commission shall have the existence hereunder for and during a term of five years, beginning on January 1, 1990, and terminating on December 31, 1994, at which time such commission shall be dissolved and shall thereafter be nonexistent.

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Section 4. Composition. (a) The commission shall be composed of 19 members, to fill the 19 respective posts, as follows: Post Members 1. The mayor of the City of Athens; 2. The director of public safety at the University of Georgia; 3. The solicitor general of Clarke County; 4. The sheriff of Clarke County; 5. The chief of police of the City of Athens; 6. The chief of police of Clarke County; 7. The superintendent of the Clarke County School System; 8. The chairman of the Board of Health of Clarke County; 9. The director of Clarke-Oconee-Oglethorpe Mental Health and Substance Abuse Clinic; 10. The district attorney of the Western Judicial Circuit or any successor judicial circuit that embraces or includes the Superior Court of Clarke County; 11. The Athens Post Commander of the Georgia State Patrol; 12. The president of the Athens Area Chamber of Commerce; 13. The medical director of the commencement center of Athens Regional Medical Center; 14. The medical director of Charter Winds Hospital; 15. The president of the Athens-Clarke County Chapter of the Chemical People, a nonprofit drug prevention organization; 16. The principal of Clarke Central High School;

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17. The principal of Cedar Shoals High School; 18. The director of student support services of the Clarke County School District; and 19. The head football coach at the University of Georgia. (b) Each of the members of such commission shall serve 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. (c) The five members of the General Assembly representing Clarke County shall serve as ex officio nonvoting members of the commission. (d) The commission is authorized to appoint citizens to serve in an advisory capacity to the commission in furtherance of its purposes and to ensure adequate representation of racial, ethnic, and economic groups within the community. Section 5. Vacancies. If any of the above-designated offices of members of the commission should become vacant or be discontinued or become nonexistent for any cause or reason whatever, the Grand Jury of the Superior Court of Clarke 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 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

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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 by the members of the commission. 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 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. The commission shall explore every effort to secure funds sufficient to support its operating expenses from federal departments and agencies as funds become available for grants to community based anti-drug programs. 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 Athens and the County of Clarke with each such entity contributing an equal amount to the commission. Beginning on January 1, 1990, the commission shall be authorized to receive and expend funds for its

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operating expenses during the initial year of existence from local law enforcement agencies in addition to the funds made available from the City of Athens and the County of Clarke. The commission shall make a written request to the City of Athens and the County of Clarke for operating funds pursuant to an operating budget made by the commission. The first such request for funds for the remainder of fiscal year 1990 shall be submitted to the respective governing authorities of the City of Athens and the County of Clarke on or before July 1, 1990. The commission shall submit its budget request for fiscal year 1991 on or before November 1, 1990, and annual budget requests for each of the three succeeding fiscal years shall be submitted on or before April 1 of each year. The amount of each such contribution shall be entirely discretionary with the City of Athens and the County of Clarke. In addition to any such annual contribution, both the City of Athens and the County of Clarke are 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 may fix and determine the amount of, and the time and manner of paying any compensation to its members, officers, agents, and employees, all within their sound discretion. Section 10. Purpose and authorizations. The commission is created for the purpose of taking all such actions and doing all such things, as it shall deem proper, to encourage treatment of persons for alcohol and substance abuse and 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 is authorized: (1) To work and cooperate with, and to seek the cooperation of, the City of Athens and all other municipalities of the State of Georgia; the County of Clarke 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;

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(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 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. Nothing in this Act shall reduce the resources made available by the governing authority of Clarke County and the City of Athens to support existing law enforcement programs and responsibilities to deter and control the use and abuse of dangerous drugs and controlled substances. 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 Athens, with the County of Clarke, or with any other political subdivision or municipal corporation of the state in the exercise of its charge; (4) To receive and accept gifts and grants of money and property from the private or public sectors of our society

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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 Athens, the County of Clarke, 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 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. 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.

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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 Athens or the County of Clarke. 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 Clarke County or the Superior Court of Clarke 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 instrumentally thereof, the City of Athens or Clarke County, or any other municipal corporation or political subdivision of 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 repealed.

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to be entitled an act to provide for the Athens-Clarke County Anti-Drug Commission, a body corporate and politic; and for other purposes. This 16th day of February, 1989. Representative Lawton E. Stephens State Representative 68th District 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: February 16, 1989. /s/ Lawton E. Stephens Representative, 68th District Sworn to and subscribed before me, this 24th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989.

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CITY OF ALBANY MAYOR AND COMMISSIONERS; ELECTIONS; TERMS; REFERENDUM. No. 297 (House Bill No. 961). AN ACT To amend an Act creating a new charter for the City of Albany, approved August 18, 1923 (Ga. L. 1923, p. 370), as amended, so as to change the provisions relating to the time of election, the taking of office, and terms of office of the mayor and commissioners; to provide for the authority for this Act; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a new charter for the City of Albany, approved August 18, 1923 (Ga. L. 1923, p. 370), as amended, is amended by adding a new section immediately following Section 3, to be designated Section 3A, to read as follows: Section 3A. (a) Applicability; regular elections. The provisions of this section shall govern and supersede any provision of Section 3 of this Act to the contrary. (b) The mayor and the three commissioners from the first, fourth, and sixth wards in office on January 1, 1989, shall remain in office until the normal expiration of their terms of office on the second Monday in January, 1990, and until their successors are elected and qualified. On the Tuesday next following the first Monday in November of 1989, and biennially thereafter, the successors to such mayor and commissioners from the first, fourth, and sixth wards shall be elected and shall serve for terms of office of two years and until their successors are elected and qualified and shall take office on the second Monday of January following their election.

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(c) The three commissioners from the second, third, and fifth wards in office on January 1, 1990, shall remain in office until the normal expiration of their terms of office on the second Monday of January 1991, and until their successors are elected and qualified. On the Tuesday next following the first Monday in November of 1990, and biennially thereafter, the successors to such three commissioners from the second, third, and fifth wards shall be elected and shall serve for terms of office of two years and until their successors are elected and qualified and shall take office on the second Monday of January following their election. Section 2. This Act is enacted pursuant to the authority provided for in subsection (c) of Code Section 21-3-64 of the O.C.G.A. Section 3. 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 date of and in conjunction with the August, 1989, City of Albany municipal primary, 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 Dougherty County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which retains two-year staggered terms of office for the mayor and commissioners of the City of Albany? 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. 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.

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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 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 1989 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Albany, approved August 18, 1923 (Ga. L. 1923, p. 370), as amended; and for other purposes. This 4th day of January, 1989. Honorable 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: January 5, 1989. /s/ Tommy Chambless Representative, 133rd District

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Sworn to and subscribed before me, this 24th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. WEBSTER COUNTY BOARD OF COMMISSIONERS; CREATION. No. 298 (House Bill No. 965). AN ACT To create a board of commissioners of Webster County; to provide for the qualifications and election of members of said board; to provide for commissioner districts; to provide for a chairman of the board; to provide for the powers and duties of the board and of the chairman; to provide for the compensation of the chairman and other members of the board; to provide for other matters relative to the foregoing; to provide for effective dates; to repeal a specific Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. (a) There is created a board of commissioners of Webster County to consist of a chairman and two other members to be elected as provided in this Act. Each candidate for membership on the board, other than the chairman, shall be a resident of a commissioner district provided for in subsection (b) of this section which the candidate offers to represent and shall be elected by a majority vote of the qualified voters of such district

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voting in the elections provided for in this Act. Each candidate for chairman of the board shall be a resident of Webster County and shall be elected by a majority vote of the qualified voters of the entire county voting in the elections provided for in this Act. (b) For the purpose of electing members of the board of commissioners, other than the chairman, Webster County is divided into two commissioner districts as follows: Commissioner District 1 All that territory in Webster County which lies West of a line beginning with the intersection of the Marion and Webster County Line with the centerline of County Road 127 and thence proceeding southerly and southwesterly along the centerline of County Road 127 to its intersection with the centerline of Georgia State Highway 153; thence proceeding southwesterly along the centerline of Georgia State Highway 153 to its intersection with the centerline of Georgia State Highway 41; thence proceeding southerly along the centerline of Georgia State Highway 41 to its intersection with the centerline of County Road 10; thence proceeding in a southeasterly direction along the centerline of County Road 10 to its intersection with Harrell Mill Creek; thence proceeding in a southwesterly direction along Harrell Mill Creek to its intersection with a stream flowing southerly and intersecting County Road 40; thence proceeding westerly along the centerline of County Road 40 to its intersection with the centerline of County Road 36; thence proceeding southeasterly along the centerline of County Road 36 to its intersection with the centerline of County Road 7; thence proceeding in a southwesterly direction along the centerline of County Road 7 to its intersection with the centerline of County Road 124, thence proceeding northwesterly along the centerline of County Road 124 to its intersection with the centerline of Georgia State Highway 41; thence proceeding in a southerly direction along the centerline of Georgia State Highway 41 to its intersection with the Webster and Randolph County Line. Commissioner District 2

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All that territory in Webster County which lies East of the line described in Commissioner District 1. Section 2. (a) At the general election in 1992 and every four years thereafter, all three members of the board of commissioners shall be elected. Each member shall serve for a term of office of four years and until a 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. All members shall take office on the first day of January immediately following their election. (b) All members of the board of commissioners 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. (c) The commissioner of Webster County who was elected pursuant to the provisions of an Act creating the office of commissioner of Webster County approved August 23, 1931 (Ga. L. 1931, p. 597), as amended, shall continue to hold office until the first board of commissioners elected pursuant to the provisions of subsection (a) of this section takes office on January 1, 1993. Section 3. Each person offering as a candidate for membership on the board of commissioners shall have been a resident of Webster County for at least 24 months immediately preceding the date the person is nominated as a candidate for said office. Each person offering as a candidate to represent Commissioner District 1 or 2 shall be a resident of the respective commissioner district at the time of qualifying for nomination as a candidate for said office. A member of the board of commissioners representing Commissioner District 1 or 2 shall remain a resident of the respective commissioner district during a term of office, and a vacancy shall be created if such a member moves from the commissioner district from which elected. 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. If the vacancy is in the membership from Commissioner District 1 or 2, the special election shall be held only in the commissioner district where the vacancy exists. The special election shall be held countywide if the vacancy is in the office of

Page 4808

chairman. 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 of the term of office, the probate judge of Webster County shall appoint a qualified person to fill the vacancy for the unexpired term. Section 5. The chairman and other members of the board of commissioners of Webster 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 said officer's 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 said officer's 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 Webster County on the first Tuesday in each month of the year, but the board of commissioners may hold additional meetings at any time they deem proper, upon the call of the chairman or upon the written request of two commissioners other than the chairman. 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. 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. The clerk shall file and keep in

Page 4809

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 clerk before entering on the discharge of the duties of office 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 the clerk's duties. The clerk shall hold the office at the pleasure of the board of commissioners. Section 8. Two members of the board shall constitute a quorum but no action shall be taken by the board without the concurring vote of at least two members of the board. The chairman 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 the chairman 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. 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 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. The chairman of the board of commissioners shall be the chief administrative officer of Webster County and shall supervise and direct the construction, maintenance, and improvement of all roads and bridges in Webster County and supervise and direct the employees, independent contractors, and prison laborers assigned to the county for road construction or maintenance purposes. The chairman shall conduct these duties pursuant to the policies, rules, resolutions, and ordinances approved by the full board. The chairman shall also provide the board with a monthly report on the general status and condition of the road equipment and personnel

Page 4810

matters relating to the road department and the status of all road and bridge projects. The chairman shall be recognized as the official head of Webster County by state, federal, and other authorities for military and ceremonial functions. The chairman may have such additional powers as the board of commissioners may delegate to the chairman. The chairman shall devote full time to the duties of office. (b) The chairman of the board of commissioners shall receive from the funds of Webster County an annual salary of which shall be paid in equal monthly installments from the funds of Webster County. (c) The other members of the board shall receive a salary of per month payable from the funds of Webster County. Section 10. The board of commissioners of Webster County shall have exclusive jurisdiction and control over the following matters, to wit: in controlling all of the property belonging to the county as the board may deem expedient according to law, including the proceeds of the sale of any and all bonds which may have theretofore 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 requlating or fixing license fees or taxes 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. The board of commissioners shall also have and exercise all the powers heretofore vested in the commissioner of Webster County and such other powers as are now or as may hereafter be provided by law for governing authorities of counties, by whatever name called, or as may be necessary for the board of commissioners to effectively carry out its jurisdiction over county matters and county finances.

Page 4811

Section 11. The treasurer of Webster 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 or ordinance 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 or ordinance, only the signature of the chairman of the board of commissioners shall be required to disburse funds. Section 12. The board of commissioners shall comply with the budgeting and audit requirements of Chapter 81 of Title 36 of the O.C.G.A. 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. 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. This Act shall be effective for all purposes on January 1, 1993, and it shall be effective before that date as necessary for the election of the first board of commissioners provided for in this Act at the 1992 general election. Section 15. An Act creating the office of commissioner of Webster County, approved August 27, 1931 (Ga. L. 1931, p. 597), as amended, is repealed in its entirety on January 1, 1993. Section 16. All laws and parts of laws in conflict with this Act are repealed.

Page 4812

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to provide for a Board of Commissioners of Webster County; to provide for matters relative thereto; and for other purposes. This the 2nd day of February, 1989. HONORABLE GERALD E. GREENE REPRESENTATIVE, 130 DISTRICT HONORABLE J. HODGE TIMMONS SENATOR, DISTRICT II 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 Webster County, on the following date: February 9, 1989. /s/ Gerald E. Greene Representative, 130th District

Page 4813

Sworn to and subscribed before me, this 27th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. CITY OF MANCHESTER GOVERNING AUTHORITY; NAME CHANGED TO CITY COUNCIL. No. 299 (House Bill No. 967). 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 March 24, 1988 (Ga. L. 1988, p. 4757), so as to change the name of the city governing authority; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act incorporating the City of Manchester, approved August 16, 1909 (Ga. L. 1909, p. 1071), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4757), 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) From and after the effective date of this Act, the governing authority of the City of Manchester shall consist of a city council to be composed of four councilmembers and a mayor to be elected as provided in this Act and henceforth, any

Page 4814

reference in this charter to a board of commissioners, its members, or chairman shall be deemed to refer to the city council and mayor. (b) For the purpose of electing the city council, 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 known as State Route Number 85; thence proceed South along Georgia Highway 190 to its intersection with the Southernmost track 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 councilmembers 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 council from such district. Election of a councilmember from a district shall be solely by the qualified electors who reside in such district. (d) The fifth member of the city council shall be elected from the city at large and shall serve as the mayor. Section 2. All laws and parts of laws in conflict with this Act are repealed.

Page 4815

Notice is given that a bill will be introduced at the regular 1989 session of the General Assembly of Georgia to amend an Act incorporating the City of Manchester, approved August 16, 1909 (Ga. L. 1909, p. 1071), as amended, so as to provide for a change of name of the members and Chairman of the Board of Commissioners of the City of Manchester; and for other purposes. HONORABLE LEONARD R. MEADOWS REPRESENTATIVE, 91ST DISTRICT HOUSE OF REPRESENTATIVES 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: February 24, 1989. /s/ Leonard R. Meadows Representative, 91st District Sworn to and subscribed before me, this 27th day of February, 1989. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved March 30, 1989.

Page 4816

COLQUITT COUNTYENHANCED EMERGENCY TELEPHONE NUMBER 911 SYSTEM; FEES. No. 300 (House Bill No. 973). AN ACT To authorize the governing authority of Colquitt County to implement and to exercise the powers conferred by Code Section 46-5-133 of the Official Code of Georgia Annotated, relating to the authority to require telephone companies to divide maintenance fees for the operation of enhanced emergency telephone number 911 systems among subscribers; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Pursuant to the authority of paragraph (1) of subsection (e) of Code Section 46-5-133 of the Official Code of Georgia Annotated, the governing authority of Colquitt County is authorized to implement and to exercise the powers conferred by Code Section 46-5-133 of the Official Code of Georgia Annotated, relating to the authority to require telephone companies to divide maintenance fees for the operation of enhanced emergency telephone number 911 systems among subscribers. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LEGISLATION Notice is hereby given that there will be introduced at the Regular 1989 Session of the General Assembly of Georgia a bill to authorize the Board of Commissioners of Colquitt County to adopt a resolution requiring the telephone company providing 911 service to the unincorporated areas of Colquitt County to divide any maintenance fee for such service among telephone subscribers whose telephones are in the area served by the enhanced emergency telephone

Page 4817

number 911 system and bill such subscribers on a pro-rata basis for their share of such maintenance fee, and for other purposes as set forth in O.C.G.A.Sect. 46-5-133. 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 Moultrie Observer which is the official organ of Colquitt County, on the following date: February 22, 1989. /s/ A. Richard Royal Representative, 144th District Sworn to and subscribed before me, this 24th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989.

Page 4818

CLAYTON COUNTYREDEVELOPMENT POWERS; REFERENDUM. No. 301 (House Bill No. 976). AN ACT To provide that Clayton County shall have and be authorized to exercise all redevelopment and other powers authorized or granted to political subdivisions pursuant to the Redevelopment Powers Law; to provide for certain such powers; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Clayton County shall have and be authorized to exercise all redevelopment and other powers authorized or granted to political subdivisions 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 of the State of Georgia, 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 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 a date specified by the Board of Commissioners of Clayton County 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:

Page 4819

() YES () NO Shall the Act be approved which authorizes Clayton County to have and to exercise all redevelopment and other powers authorized or granted to counties 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, 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. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to authorize Clayton County to have and be authorized to exercise all redevelopment and other powers authorized and granted to political subdivisions 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 17th day of February, 1989.

Page 4820

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 17, 1989. /s/ Frank I. Bailey, Jr. Representative, 72nd District Sworn to and subscribed before me, this 23rd day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989.

Page 4821

COBB JUDICIAL CIRCUIT DISTRICT ATTORNEY; CHIEF ASSISTANT AND ASSISTANT DISTRICT ATTORNEYS; COMPENSATION. No. 302 (House Bill No. 977). 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 24, 1988 (Ga. L. 1988, p. 4156), so as to change the provisions relative to the supplement of the district attorney and the compensation of the chief assistant district attorney and assistant district attorneys; 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 24, 1988 (Ga. L. 1988, p. 4156), is amended by striking Section 4 in its entirety and substituting in lieu thereof a new Section 4 to read as follows: Section 4. (a) The 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 $20,780.00 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.

Page 4822

Section 2. 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 $63,000.00 per annum, except that the chief assistant district attorney shall receive no more than $65,000.00 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 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 January/February 1989 session of the Genneral 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 county supplement for the district attorney, to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 4823

This 2nd day of Jan., 1989. /s/ Fred Aiken CHUCK CLAY ROY BARNES HUGH RAGAN SALLIE NEWBILL SENATORS JACK VAUGHN HERMAN CLARK STEVE THOMPSON EARL ERHART GRESHAM HOWREN FRED AIKEN JOHNNY ISAKSON JOHNNY GRESHAM TOM WILDER BILL ATKINS REPRESENTATIVES GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Earl Ehrhart, 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 6, 1989. /s/ Earl Ehrhart Representative, 20th District

Page 4824

Sworn to and subscribed before me, this 15th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. HENRY COUNTY SHERIFF; CLERK OF THE SUPERIOR COURT; JUDGE OF THE PROBATE COURT; TAX COMMISSIONER; COMPENSATION. No. 303 (House Bill No. 979). AN ACT To amend an Act placing the sheriff, probate judge, clerk of superior court, and tax commissioner of Henry County on an annual salary, approved March 25, 1958 (Ga. L. 1958, p. 3127), as amended, particularly by an Act approved March 20, 1986 (Ga. L. 1986, p. 4171), so as to change the compensation of said officers; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act placing the sheriff, probate judge, clerk of superior court, and tax commissioner of Henry County on an annual salary, approved March 25, 1958 (Ga. L. 1958, p. 3127), as amended, particularly by an Act approved March 20, 1986 (Ga. L. 1986, p. 4171), is amended by adding immediately following Section 1 a new Section 1A to read as follows:

Page 4825

Section 1A. (a) Whenever the employees in the classified service of the state merit system receive a cost-of-living increase of a certain percentage or a certain amount, the base annual salary of the sheriff, the clerk of the superior court, the judge of the probate court, and the tax commissioner shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase received by state employees is in different percentages or different amounts as to certain categories of employees, the base annual salaries shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The county governing authority shall use the average percentage increase or average amount increase as calculated by the Office of Planning and Budget. The periodic changes in the base annual salaries as authorized by this subsection shall become effective six months following the date that the cost-of-living increase received by state employees become effective. (b) The amounts provided in subsection (a) of this section shall be increased by 5 percent for each four-year term of office served by the sheriff, clerk of the superior court, judge of the probate court, or tax commissioner figured at the end of each such period of service. The increase shall not have retroactive effect, except that the term of the sheriff, clerk of the superior court, judge of the probate court, or tax commissioner in office on July 1, 1989, shall be counted for determining the appropriate salary under this subsection. Section 2. Said Act is further amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. (a) The base annual salary of the sheriff of Henry County shall be $38,525.00, to be paid in equal monthly installments out of county funds. (b) (1) The sheriff shall be authorized to employ one chief deputy. The salary of the chief deputy shall be fixed by the governing authority of Henry County and paid in equal monthly installments from county funds.

Page 4826

(2) In addition to the chief deputy, the sheriff is authorized to employ other deputies and assistants and to set their salaries, but the number of such deputies and assistants and the salaries thereof shall be subject to the final approval of the governing authority of Henry County. (3) The governing authority of Henry County shall furnish suitable vehicles to the sheriff and chief deputy sheriff and pay the expenses of operation of same, for the use of said sheriff and chief deputy sheriff in the performance of their official duties. 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. The clerk of the Superior Court of Henry County shall be paid a base annual salary of $36,600.00, to be paid in equal monthly installments out of county funds. The clerk of the superior court is authorized to employ such deputies and other assistants as he deems necessary and to prescribe their duties and set their salaries, but the number of such deputies and assistants and the salaries thereof shall be subject to the final approval of the board of commissioners of Henry County. Section 4. Said Act is further amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows: Section 4. The judge of the Probate Court of Henry County shall be paid a base annual salary of $36,600.00, to be paid in equal monthly installments out of county funds. The judge of the probate court is authorized to employ such clerks and other assistants as he deems necessary and to prescribe their duties and set their salaries, but the number of such clerks and assistants and the salaries thereof shall be subject to the final approval of the board of commissioners of Henry County. Section 5. 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:

Page 4827

Section 4A. The tax commissioner of Henry County shall receive a base annual salary of $36,600.00, to be paid in equal monthly installments out of county funds. All fees, commissions, costs, fines, percentages, forfeitures, penalties, and other perquisites of whatever kind received and collected by the tax commissioner shall be paid over to the fiscal authority of Henry County. All such funds collected by him for the county during the immediately preceding calendar month shall be remitted to the fiscal authority of Henry County with a detailed, itemized statement showing the collections and the sources from which such funds were collected. It is specifically provided that the salary provided herein for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, percentages, forfeitures, penalties, and other perquisites of whatever kind, including those commissions allowed by Code Section 48-5-180 of the O.C.G.A., relating to commissions of tax commissioners. The tax commissioner is authorized to employ such clerks and other assistants as he deems necessary and to prescribe their duties and set their salaries, but the number of such clerks and assistants and the salaries thereof shall be subject to the final approval of the board of commissioners of Henry County. Section 6. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without 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 1989 session of the General Assembly of Georgia a bill to amend an Act placing the sheriff, judge of the probate court, clerk of the superior court, and tax commissioner of Henry County on an annual salary, approved March 25, 1958 (Ga. L. 1958, p. 3127), as amended; and for other purposes.

Page 4828

This 30th day of January, 1989. 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 8, 1989. /s/ Wesley Dunn Representative, 73rd District Sworn to and subscribed before me, this 14th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989.

Page 4829

HENRY COUNTY BOARD OF COMMISSIONERS; CHAIRMAN; ELECTION; REFERENDUM. No. 304 (House Bill No. 980). AN ACT To amend an Act entitled 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 county-wide 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., approved March 24, 1988 (Ga. L. 1988, p. 4633), so as to change the date of election and the date of taking office of the initial chairman of the board of commissioners; to change the date of the referendum for approval or rejection; to change the effective dates of said Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act entitled An Act to amend an Act 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 county-wide 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., approved March 24, 1988 (Ga. L. 1988, p. 4633), is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: 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:

Page 4830

`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 1992 and shall take office on January 1, 1993, 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: (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.

Page 4831

(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 county-wide basis shall be eligible to vote at said special election. 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. 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 same day and in conjunction with the general election in November, 1990, 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:

Page 4832

() YES () NO Shall the Act be 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 county-wide 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 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 3. Said Act is further amended by striking Section 7 in its entirety and inserting in lieu thereof a new Section 7 to read as follows: Section 7. 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 1992 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, 1993. Section 4. All laws and parts of laws in conflict with this Act are repealed.

Page 4833

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to amend an Act providing a board of commissioners of Henry County, approved March 28, 1974 (Ga. L. 1974, p. 3680), as amended; and for other purposes. This 30th day of January, 1989. 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 8, 1989. /s/ Wesley Dunn Representative, 73rd District Sworn to and subscribed before me, this 14th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989.

Page 4834

COBB JUDICIAL CIRCUIT JUDGES; SALARY SUPPLEMENTS. No. 305 (House Bill No. 982). 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 24, 1988 (Ga. L. 1988, p. 4468), so as to change the provisions relating to the supplement to be paid to each of the judges of the superior court of said circuit; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4468), is amended by striking subsection (a) of Section 4H in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) Each judge of the Superior Court of the Cobb Judicial Circuit shall receive an annual supplement of $24,318.00, payable in equal monthly installments from the funds of Cobb County. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed.

Page 4835

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia, a bill to amend an Act creating the Cobb County Judicial Circuit, approved February 19, 1961 (Ga. L. 1961, p. 184), as heretofore amended; and for other purposes. This 2nd day of Jan., 1989. /s/ Fred Aiken CHUCK CLAY ROY BARNES HUGH RAGAN SALLIE NEWBILL SENATORS JACK VAUGHN HERMAN CLARK STEVE THOMPSON EARL ERHART GRESHAM HOWREN FRED AIKEN JOHNNY ISAKSON JOHNNY GRESHAM TOM WILDER BILL ATKINS 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 6, 1989.

Page 4836

/s/ Johnny Isakson Representative, 21st District Sworn to and subscribed before me, this 22nd day of February, 1989. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved March 30, 1989. COBB COUNTY SUPERIOR COURT; CLERK AND DEPUTY CLERK; COMPENSATION. No. 306 (House Bill No. 983). 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 24, 1988 (Ga. L. 1988, p. 4445), so as to change the provisions relating to the compensation of the clerk of the superior court and the deputy clerk of the superior court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved

Page 4837

February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4445), is amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows: Section 4. (a) The clerk of the superior court shall receive an annual salary of $58,000.00, 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 $47,740.00, to be paid in equal monthly installments from the funds in the county treasury. Any candidate for the office of clerk of the Superior Court of Cobb County shall, on the date of his qualification for such office in either a primary or general election, certify to the judge of the Probate Court of Cobb County the name of the person he shall appoint as his deputy clerk in the event he is elected to the office of clerk; and the person so named and certified by the successful candidate for such office shall serve as the deputy clerk during the term for which he was so named. In the event of the death or the removal from office of said deputy clerk, the clerk of the superior court shall have 30 days from said date of death or removal from office of said deputy clerk to certify to the judge of the Probate Court of Cobb County the name of the new deputy clerk to be appointed by him. In addition to said deputy clerk, the clerk of the Superior Court of Cobb County shall be authorized and empowered to employ the clerical help necessary to perform properly the functions and duties of the office, provided that the number of employees and salaries or other compensation to be paid to each shall first be approved by the governing authority of Cobb County. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed.

Page 4838

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 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. 438) 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 for other purposes. This 2nd day of Jan., 1989. /s/ Fred Aiken CHUCK CLAY ROY BARNES HUGH RAGAN SALLIE NEWBILL SENATORS JACK VAUGHN HERMAN CLARK STEVE THOMPSON EARL ERHART GRESHAM HOWREN FRED AIKEN JOHNNY ISAKSON JOHNNY GRESHAM TOM WILDER BILL ATKINS 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

Page 4839

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 6, 1989. /s/ Johnny Isakson Representative, 21st District Sworn to and subscribed before me, this 27th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. COBB COUNTY JUVENILE COURT; JUDGE; COMPENSATION. No. 307 (House Bill No. 990). 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 24, 1988 (Ga. L. 1988, p. 4812), 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:

Page 4840

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 24, 1988 (Ga. L. 1988, p. 4812), 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 $57,380.00, to be paid in equal monthly installments from the general funds of Cobb County. Said judge shall devote his full time to the duties of his office and shall not engage in the private practice of law. Section 2. This Act shall become effective on 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 1989 session of the General Assembly of Georgia, a bill to amend an Act fixing the compensation of the Judge of Juvenille Court of Cobb County, Georgia, approved July 17, 1969 (Ga. L. 1969, p. 360), as amended; and for other purposes. This 2nd day of Jan., 1989. /s/ Fred Aiken CHUCK CLAY ROY BARNES HUGH RAGAN SALLIE NEWBILL SENATORS
Page 4841

JACK VAUGHN HERMAN CLARK STEVE THOMPSON EARL ERHART GRESHAM HOWREN FRED AIKEN JOHNNY ISAKSON JOHNNY GRESHAM TOM WILDER BILL ATKINS REPRESENTATIVES GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Atkins, 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 6, 1989. /s/ Bill Atkins Representative, 20th District Sworn to and subscribed before me, this 21st day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989.

Page 4842

LOWNDES COUNTY LOWNDES COUNTY ENHANCED 911 SERVICE DISTRICT ACT. No. 308 (House Bill No. 991). AN ACT To provide a short title; to provide for definitions; to authorize the creation and funding of an enhanced emergency telephone number 911 system special district within the corporate boundaries of Lowndes County; to provide for the district's governing authority; to provide for the collection of service charges; to provide for the purpose of the district; to provide for the membership and appointment of an advisory board and for its duties; to provide for revenues of the district; to authorize the issuance of district debt; to provide for the status of district employees and assets; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Short Title. This Act shall be known and may be cited as the Lowndes County Enhanced 911 Service District Act. Section 2. Definitions. As used in this Act the following words and terms shall have the following meanings: (1) District shall mean the corporate boundaries, including its municipalities, of Lowndes County, Georgia, that provides an enhanced emergency telephone number 911 system. (2) Enhanced emergency telephone number 911 system means emergency 911 service that provides the telephone number and location of the calling party to the public safety answering point.

Page 4843

(3) Governing authority means the Lowndes County Board of Commissioners. (4) Exchange access facilities means all lines provided by the service supplier for the provision of local exchange service as defined in existing general subscriber services tariffs. (5) Service supplier means any legal entity providing exchange telephone service to any service user in the district. (6) Service user means any legal entity who is provided exchange telephone service in the district. (7) Tariff rate means the rate or rates billed by a service supplier as stated in the service supplier's tariffs and approved by the Public Service Commission that represent the service supplier's recurring charges for exchange access facilities exclusive of all taxes, fees, licenses, or similar charges whatsoever. (8) Public safety agency means a functional division of a public agency which provides fire fighting, law enforcement, emergency medical, suicide prevention, civil defense, poison control, or other emergency services. Section 3. Establishment and Funding of District. (a) The governing authority may establish by ordinance, when so authorized by a vote of a majority of the persons voting within the district in accordance with law, an enhanced emergency telephone number 911 system district and levy a district service charge in an amount not to exceed 5 percent of the tariff rate. The governing authority may, upon its own initiative, call such a special election. Any district service charge shall have uniform application and shall be imposed throughout the entire district to the greatest extent possible in conformity with availability of such service in any area of the district and the funds generated by the service charge shall be utilized by the county to defray the expenses of the enhanced emergency telephone number 911 system. The governing authority may by ordinance amend the service charge rate to an amount adequate to fund the district. (b) (1) An emergency telephone service charge shall be imposed only upon the amount received from the tariff rate exchange access lines. If there is no separate exchange

Page 4844

access charge stated in the service supplier's tariffs, the governing authority shall determine a uniform percentage not in excess of 85 percentum of the tariff rate for basic exchange telephone service that shall be deemed to be the equivalent of tariff exchange access lines until such time as the service supplier establishes such a tariff rate. No such service charge shall be imposed upon more than one hundred exchange access facilities per person per location. (2) Every billed service user shall be liable for any service charge imposed under this section until it has been paid to the service supplier. The duty of the service supplier to collect any such service charge shall commence upon the date of its implementation which shall be specified in the resolution calling the election. Any such emergency telephone service charge shall be added to, and may be stated separately in, the bill by the service supplier to the service user. (c) (1) The service supplier shall have no obligation to take any legal action to enforce the collection of any emergency telephone service charge. However, the service supplier shall annually provide the governing authority a list of the amount uncollected, together with the names and addresses of those service users who carry a balance that can be determined by the service supplier to be nonpayment of such service charge. The service charge shall be collected at the same time as the tariff rate in accordance with the regular billing practice of the service supplier. (2) Good faith compliance by the service supplier with this provision shall constitute a complete defense to any legal action or claim which may result from the service supplier's determination of nonpayment and/or the identification of service users in connection therewith. (d) (1) The amounts collected by the service supplier attributable to any emergency telephone service charge shall be due quarterly. The amount of service charge collected in one calendar quarter by the service supplier shall be remitted to the district no later than 60 days after the close of a calendar quarter. Said amounts shall be deposited and accounted for in a separate special revenue fund.

Page 4845

(2) On or before the sixtieth day after the close of a calendar quarter, a return, in such form as may be mutually agreed to by the governing authority and the service supplier, shall be filed with the governing authority, together with a remittance of the amount of service charge collected payable to the district. (3) The service supplier shall maintain records of the amount of the service charge collected for a period of at least three years from date of collection. The governing authority may, at its expense, require an annual audit of the supplier's books and records with respect to the collection and remittance of the service charge. (4) The service supplier shall be entitled to retain as an administrative fee an amount equal to 1 percent of the gross receipts to be remitted to the district. (e) In order to provide additional funding for the district, the governing authority may receive federal, state, municipal or private funds which shall be expended for the purposes of this Act. Section 4. Purpose. The purpose of the district is to plan, acquire, construct, add to, extend, improve, equip, operate, and maintain an enhanced emergency telephone number 911 system to support the district public safety agencies in the provision of emergency services, resulting in the saving of life, a reduction in the destruction of property, quicker apprehension of criminals, and ultimately the saving of moneys. Section 5. Advisory Board. (a) In order to assist the governing authority in implementing and managing the district an advisory board shall be created comprised of: County Manager (1) Lowndes County Sheriff (1) Appointee from Emergency Medical Provider (1) Appointees from municipal law enforcement agencies (2) Appointee of paid fire protection agencies (1) Appointee of volunteer fire protection districts (1)

Page 4846

Appointee from Valdosta/Lowndes County Hospital Authority (1) Unless otherwise stated appointees shall be determined by the chief officials of each group. (b) The advisory board shall assist the governing authority in: (1) Reviewing and analyzing progress by public safety agencies in developing E-911 system requirements. (2) Recommending steps of action to affect the necessary coordination, regulation, and development of E-911 system. (3) Identifying mutual aid agreements necessary to affect the E-911 system. (4) Assisting in the promulgation of necessary rules, regulations, operating procedures, and schedules. (5) Providing other services as may be deemed appropriate by the governing authority. Section 6. Revenue Bonds. The governing authority shall be authorized to issue revenue bonds for the implementation of this Act only within the provisions of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., as amended, secured by the revenues of the district. Section 7. Status of District Employees and Assets. All district employees, operations, and assets shall be in accordance with the governing authority's rules and regulations. Section 8. 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 9. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Page 4847

Section 10. General Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. PUBLIC NOTICE In accordance with O.C.G.A. 28 1 14 consider this notice of intention to introduce a local bill in the 1989 General Assembly to provide for the establishment, with voter approval, of an enhanced emergency telephone number 911 system special district and provide for its administration, funding, operations, and other matters associated therewith. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James M. Beck, who, on oath, deposes and says that he is Representative from the 148th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Valdosta Daily Times which is the official organ of Lowndes County, on the following date: January 28, 1989. /s/ James M. Beck Representative, 148th District Sworn to and subscribed before me, this 28th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989.

Page 4848

FORSYTH COUNTY MAGISTRATE COURT; CHIEF MAGISTRATE; CONSTABLES; CLERK. No. 309 (House Bill No. 992). AN ACT To amend an Act relating to the Magistrate Court of Forsyth County, approved March 15, 1984 (Ga. L. 1984, p. 4293), so as to provide for a separate office of the chief magistrate of the Magistrate Court of Forsyth County; to provide for the compensation of the chief magistrate; to provide for the initial appointment of the chief magistrate by the judge of the Superior Court of Forsyth County who resides in Forsyth County; to provide for the initial term of office; to provide for future successors to the chief magistrate; to provide for constables and a clerk and the compensation of said officers and employees of the court; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act relating to the Magistrate Court of Forsyth County, approved March 15, 1984 (Ga. L. 1984, p. 4293), is amended by striking Sections 1 through 6 and inserting in lieu thereof new Sections 1 through 4 to read as follows: Section 1. Effective May 1, 1989, the judge of the Superior Court of Forsyth County who resides in Forsyth County shall appoint a duly qualified person as chief magistrate of the Magistrate Court of Forsyth County to begin serving on July 1, 1989, and to serve until December 31, 1992. Future successors shall be elected at the general election held immediately preceding the expiration of the term of office and shall take office on the first day of January immediately following the election for a term of four years. Section 2. The chief magistrate shall be compensated as provided for in Code Section 15-10-23 of the Official Code of Georgia Annotated, payable in equal monthly installments from the funds of the county. The county governing authority may supplement the compensation of the chief magistrate, but no such supplement shall be decreased during a term of office.

Page 4849

Section 3. The sheriff of Forsyth County and his deputies shall perform the duties of constables for the Magistrate Court of Forsyth County. The county governing authority may provide additional compensation to such officers for the performance of duties of constables. Section 4. The governing authority of Forsyth County may provide for the selection of a clerk for the magistrate court and may provide the amount of compensation for the person so selected. Section 2. This Act shall become effective on May 1, 1989, for the sole purpose of allowing the appointment of a person to fill the vacancy in the office of chief magistrate created by this Act. For all other purposes, this Act shall become effective on July 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 1989 session of the General Assembly of Georgia a bill to amend an Act providing for the Magistrate Court of Forsyth County, approved March 15, 1984 (Ga. L. 1984, p. 4293); and for other purposes. This 20th day of January, 1989. /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,

Page 4850

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: January 25, 1989. /s/ Bill H. Barnett Representative, 10th District Sworn to and subscribed before me, this 27th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. CITY OF FITZGERALD MAYOR AND ALDERMEN; ELECTIONS; TERMS. No. 310 (House Bill No. 993). AN ACT To amend an Act entitled an Act to amend an Act to incorporate the City of Fitzgerald, and establishing a new charter therefor, approved August 22, 1907, and the several Acts amendatory thereof, and for other purposes, approved August 17, 1914 (Ga. L. 1914, p. 781), as amended, so as to change the provisions relating to the election and terms of the mayor; to provide for terms of office and election of aldermen; to provide for intent; to repeal conflicting laws; and for other purposes.

Page 4851

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act entitled an Act to amend an Act to incorporate the City of Fitzgerald, and establishing a new charter therefor, approved August 22, 1907, and the several Acts amendatory thereof, and for other purposes, approved August 17, 1914 (Ga. L. 1914, p. 781), as amended, is amended by striking Section 4 of said Act in its entirety and substituting in lieu thereof a new Section 4 to read as follows: Section 4. Mayor; Election, Terms, Vacancy in Office, Functions, Compensation. At the election to be held on the third Tuesday of November of 1989, and in November every four years thereafter, there shall be elected a mayor, who shall hold office for four years and until his successor is elected and qualified. In the event that the office of mayor shall become vacant by death, removal, or otherwise, the mayor pro tempore or, in case there is no mayor pro tempore, the city council at the next regular session shall give ten days' notice in the official organ of the city of the date of the election of his successor, and said council shall call said election within 30 days from said vacancy. Nothing in this Act shall affect the term of office of the person serving as mayor of said city on March 1, 1989. Said election shall be managed in the same manner as all city elections, in accordance with this charter; provided, however, that if the office of mayor shall become vacant within three months from the expiration of the term of office, the mayor pro tempore shall act as mayor during said term. The mayor shall be the chief executive of the city, shall see that all the laws and ordinances of the city are faithfully executed, and shall examine and audit all accounts against the city before payment. He shall be paid a salary of $2,400.00 per year, to be paid monthly, and shall receive no other fees nor perquisites in connection with his office. He shall have the power to convene the city council in extra session whenever, in his judgment, the exigencies of the case may demand it. He shall examine the books of all the officers of the city whenever he sees proper to do so, and if any irregularities are discovered he shall report the same to the next meeting of the city council. Section 2. The terms of office and dates of election of aldermen for the City of Fitzgerald shall be as provided by the general law of the State of Georgia and shall not be modified by this Act.

Page 4852

Section 3. This local law is enacted pursuant to the provisions of Code Section 21-3-64 of the Official Code of Georgia Annotated and the provisions of this Act with respect to the terms of office of the mayor of the City of Fitzgerald, Georgia, shall take precedence over the provisions of Code Sections 21-3-60, 21-3-61, and 21-3-62 of the Official Code of Georgia Annotated. Section 4. All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Apply for Local Legislation In conformity and compliance with the provisions of Article III, Section V, Paragraph IX, of the Constitution of the State of Georgia (1983), notice is hereby given that there will be introduced in the General Assembly of the State of Georgia at its regular session, convening in January, 1989, a local or special bill affecting the City of Fitzgerald, Georgia, the title or caption of which reads as follows: An Act to Amend an Act Amending and Revising the Charter for the City of Fitzgerald and Entitled `An Act to Amend an Act to Incorporate the City of Fitzgerald and Establishing a New Charter Therefor, Approved August 22, 1907, and the Several Acts Amendatory Thereof,' to Provide for the Terms of Office of Municipal Officers to Provide for Severability, to Repeal Conflicting Laws, and For Other Purposes. This 9th day of January, 1989. Gerald H. Thompson, Mayor, City of Fitzgerald. GEORGIA, BEN HILL COUNTY.

Page 4853

Personally appeared before me the undersigned authority, duly authorized to administer oaths, Gerald W. Pryor, who on oath deposes and says, that he is the editor and publisher of the Herald-Leader , and that the attached copy of Notice of Intention to Apply For Local Legislation was published in the Herald-Leader , which is the official organ of Ben Hill County, Georgia, on January 11, 1989. /s/ Gerald W. Pryor EDITOR AND PUBLISHER, HERALD-LEADER Sworn to and subscribed before me this 25th day of February, 1989. /s/ John Edward Smith, III NOTARY PUBLIC, Ben Hill County, Georgia My commission expires 9-17-89 (NOTARY SEAL) Approved March 30, 1989. PEACH COUNTY PROBATE COURT; JURISDICTION; MARIJUANA CASES. No. 311 (House Bill No. 995). AN ACT To grant to the Probate Court of Peach County jurisdiction to try and dispose of cases where a person is charged with the possession of one ounce or less of marijuana under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.

Page 4854

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. (a) The Probate Court of Peach County is granted jurisdiction to try and dispose of cases where a person is charged with the possession of one ounce or less of marijuana if the offense occurred within the boundaries of such county. The jurisdiction of such court shall be concurrent with the jurisdiction of any other courts within the county having jurisdiction to try and dispose of such cases. (b) Any fines and forfeitures arising from the prosecution of such cases shall be retained by the county and shall be paid into the treasury of such county. (c) Any defendant charged with possession of an ounce or less of marijuana in such court shall be entitled on request to have the case against him transferred to the court having general misdemeanor jurisdiction in the county wherein the alleged offense occurred. 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 1989 session of the General Assembly of Georgia a bill to grant to the Probate Court of Peach County jurisdiction over cases where a person is charged with possession of one ounce or less of marijuana; and for other purposes. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert Ray, who, on oath, deposes and says that he is Representative from the 98th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Leader-Tribune which is the official organ of Peach County, on the following date: February 22, 1989.

Page 4855

/s/ Robert Ray Representative, 98th District Sworn to and subscribed before me, this 27th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. CITY OF BYRON CLERK, TREASURER, AND MARSHALL. No. 312 (House Bill No. 996). 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 change the provisions relating to the clerk, treasurer, and marshal of the city; to change the provisions relating to the selection, powers, and duties thereof; 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 striking Section 20 of said Act and inserting in lieu thereof a new Section 20 to read as follows:

Page 4856

Section 20. Clerk and Treasurer. The mayor and board of aldermen shall appoint a clerk and treasurer whose performance and tenure shall be subject to the personnel manual of the City of Byron. The clerk shall keep the minutes of the board of aldermen in well-bound books to be furnished to the clerk by the city and shall preserve them and all records entrusted to the clerk. The clerk shall collect all municipal taxes for which collection is not otherwise provided, shall issue all licenses and collect all license fees and other moneys due the city, and shall issue executions directed to the marshal of said city and his deputies. The treasurer shall be the custodian of the funds and shall perform all other duties as may be imposed by the board of aldermen. The clerk shall have the authority to appoint some fit and proper person as a deputy to whom the clerk may delegate all powers conferred upon the clerk and for whose acts the clerk and the clerk's boundsman shall be liable as if such acts were done by the clerk. Such clerk and treasurer shall, when elected, be required to give bonds, with sufficient surety, to be approved by the mayor and board of aldermen and in such penalties as the board of aldermen shall prescribe, payable to the mayor of the City of Byron and conditioned on their faithfully collecting, paying over, and accounting for all taxes and other incomes of said city from whatever source derived and performing the duties prescribed in this Act and such other duties as may be imposed upon the clerk and treasurer by the board. Section 2. Said Act is further amended by striking Section 21 of said Act and inserting in lieu thereof a new Section 21 to read as follows: Section 21. Marshal. The mayor and board of aldermen of said city shall be authorized to appoint a marshal of said city who shall be chief of police of the City of Byron. He may be required to give such bond with sufficient sureties to be approved by the mayor and board of aldermen as they may prescribe. His tenure and performance shall be in accordance with the personnel manual of the City of Byron. Said board may also appoint one or more deputy marshals to assist said marshal in discharging his duties, such deputies to hold office for such time and upon such terms as the board shall prescribe. Said deputy marshals shall also be subject to the personnel manual of the City of Byron. Said marshal and his deputies shall arrest any person who violates any of the penal ordinances or state or federal criminal

Page 4857

laws and place such person in the city jail or the common jail of Peach County, Georgia, subject to trial by the municipal court or any committing officer of the state. They shall execute and enforce the ordinances, bylaws, rules, and regulations of said city as may be directed therein. They shall levy and execute all processes issued from the municipal court and all executions for municipal taxes and shall advertise for sale and sell all property levied upon thereunder in the same manner as the sheriff is required to advertise and sell property levied upon under executions for city and state taxes, except that in cases of personal property the tax notice and sales shall be at the city hall in the City of Byron. The marshal shall have charge of the working of any offenders who have been committed to his custody by the court. The marshal shall collect all fees imposed by the municipal court and shall perform all other services as may be required of him by the board of aldermen. 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 1989 session of the General Assembly of Georgia a bill to amend an act establishing the City of Byron, approved February 13, 1941 (Ga. L. 1941, p. 1210), as amended, and for other purposes, this 20th of February, 1989. ROBERT RAY GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert Ray, who, on oath, deposes and says that he is Representative from the 98th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Leader-Tribune which is the official organ of Peach County, on the following date: February 22, 1989.

Page 4858

/s/ Robert Ray Representative, 98th District Sworn to and subscribed before me, this 27th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. CLARKE COUNTY PROBATE COURT; CHIEF CLERK; COMPENSATION. No. 313 (House Bill No. 997). AN ACT To amend an Act placing the clerk of the Superior Court of Clarke County, the clerk of the State Court of Clarke County, and the ordinary of Clarke County (now known as the Judge of the Probate Court) on a salary system of compensation, approved March 7, 1972 (Ga. L. 1972, p. 2084), as amended, so as to change the salary of the chief clerk of the probate judge; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act placing the clerk of the Superior Court of Clarke County, the clerk of the State Court of Clarke County, and the ordinary of Clarke County (now known as the Judge of the Probate Court) on a salary system of compensation, approved March 7, 1972

Page 4859

(Ga. L. 1972, p. 2084), as amended, is amended by striking subsection (b) of Section 3 of said Act in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) The judge of the probate court shall have the sole authority to appoint, hire, and fire a chief clerk and to fix the salary of such clerk in an amount not to exceed $20,000.00 per year. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without 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 1989 session of the General Assembly of Georgia a bill to amend an Act placing the clerk of the Superior Court of Clarke County, the clerk of the State Court of Clarke County, and the judge of the Probate Court on a salary system of compensation, approved March 7, 1972 (Ga. L. 1972, p. 2084), as amended, so as to change the salary of the chief clerk of the probate judge; and for other purposes. This 23rd day of February, 1989. Rep. Lawton E. Stephens Rep. Michael Thurmond Rep. Louie Clark Rep. Karen Irwin GEORGIA, FULTON COUNTY

Page 4860

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: February 23, 1989. /s/ Lawton E. Stephens Representative, 68th District Sworn to and subscribed before me, this 24th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. BRYAN COUNTY BOARD OF COMMISSIONERS; COMPENSATION. No. 314 (House Bill No. 1039). AN ACT To amend an Act creating the Board of Commissioners of Bryan County, approved March 22, 1941 (Ga. L. 1941, p. 765), as amended, particularly by an Act approved March 30, 1971 (Ga. L. 1971, p. 2337), so as to change the provisions relating to the compensation of the chairman, vice-chairman, and other members of the board of commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 4861

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the Board of Commissioners of Bryan County, approved March 22, 1941 (Ga. L. 1941, p. 765), as amended, particularly by an Act approved March 30, 1971 (Ga. L. 1971, p. 2337), is amended by striking subsection (b) of Section 8 in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) (1) The chairman of the board of commissioners of Bryan County shall be compensated in the amount of $250.00 per month. The vice-chairman and each of the remaining memebrs of the board shall be compensated in the amount of $125.00 per month. All such compensation shall be paid from the funds of Bryan County. (2) In addition to the compensation provided for in paragraph (1) of this subsection, the chairman shall receive the amount of $250.00 per month and the vice-chairman and each of the other members of the board shall receive the amount of $125.00 per month as an expense allowance for travel and other expenses incurred in the performance of duties within the county. (3) The chairman, vice-chairman, and members of the board of commissioners referred to in paragraphs (1) and (2) of this subsection mean the chairman, vice-chairman, and members of the board of commissioners who are elected pursuant to the provisions of an Act providing for the election of members of the Board of Commissioners of Bryan County, approved April 12, 1982 (Ga. L. 1982, p. 4270). Section 2. This Act shall become effective on 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 4862

Notice of Intent to Introduce Local Legislation Notice is given that there will be introduced at the regular 1989 Session of the General Assembly of Georgia, a bill to amend the act creating the Board of Commissioners of Bryan County, approved March 22, 1941, (Ga. L. 1941 page 764), as amended; to provide for changes in the compensation of commissioners; and for other purposes. This 13th day of February, 1989. Ray C. Smith Bryan County Attorney GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Anne Mueller, who, on oath, deposes and says that she is Representative from the 126th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Bryan County Times which is the official organ of Bryan County, on the following date: February 15, 1989. /s/ Anne Mueller Representative, 126th District Sworn to and subscribed before me, this 1st day of March 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989.

Page 4863

DEKALB COUNTY CHIEF EXECUTIVE OFFICER; COMPENSATION. No. 315 (House Bill No. 1045). AN ACT To amend 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, particularly by an Act approved March 31, 1987 (Ga. L. 1987, p. 5013), so as to provide that the annual salary of the Chief Executive Officer shall be the same as the state salary of the superior court judges of DeKalb County plus any county supplements the judges receive; 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 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, particularly by an Act approved March 31, 1987 (Ga. L. 1987, p. 5013), is amended by striking Section 8 of said Act in its entirety and inserting in lieu thereof a new Section 8 to read as follows: Section 8. The provisions of any other law to the contrary notwithstanding: (1) The Chief Executive Officer of DeKalb County shall receive a salary in an amount equal to the state salary of the superior court judges of DeKalb County plus any additional county supplements that the judges receive;

Page 4864

(2) Each member of the Commission shall receive an annual salary equal to 19 percent of the annual salary of the Chief Executive Officer; and (3) In addition to the annual salary provided for by paragraph (2) of this Section, each member of the Commission shall receive an expense allowance of $100.00 per month. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. 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 1989 Session of the General Assembly to amend legislation affecting the compensation and personal allowances of the Chief Executive Officer and members of the Board of Commissioners of DeKalb County. Mary Margaret Oliver Representative, 53rd District 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: February 9, 1989.

Page 4865

/s/ Mary Margaret Oliver Representative, 53rd District Sworn to and subscribed before me, this 10th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. LUMPKIN COUNTY COMMISSIONER; COMPENSATION. No. 316 (House Bill No. 1048). AN ACT To amend an Act creating the office of commissioner of Lumpkin County, approved March 7, 1955 (Ga. L. 1955, p. 2892), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 3859), so as to change the provisions relating to the compensation of the commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the office of commissioner of Lumpkin County, approved March 7, 1955 (Ga. L. 1955, p. 2892), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 3859), is amended by striking in its entirety Section 9 and substituting in lieu thereof a new Section 9 to read as follows:

Page 4866

Section 9. As the chief executive and fiscal officer of said County of Lumpkin, the commissioner shall devote his full time to the business and interest of said county; and, for the performance of such duties, the commissioner shall receive an annual salary which shall be equal to $2,400.00 above the annual salary now or hereafter received by the elective county officer of Lumpkin County who receives the highest annual salary pursuant to general or local law and, for such purpose, those elective county officers shall be the clerk of the superior court, sheriff, judge of the probate court, and tax commissioner of Lumpkin County. Such salary for the commissioner shall be paid in equal monthly installments from the funds of Lumpkin 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 1989 session of the General Assembly of Georjgia a bill to amend an Act creating the office of Commissioner of Lumpkin County, approved March 7, 1955 (Ga. L. 1955, p. 2892), as amended; and for other purposes. This 31st day of January, 1989. Honorable Carlton H. Colwell Representative, 4th District GEORGIA, FULTON COUNTY

Page 4867

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carlton H. Colwell, who, on oath, deposes and says that he is Representative from the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dahlonega Nugget which is the official organ of Lumpkin County, on the following date: February 9, 1989. /s/ Carlton H. Colwell Representative, 4th District Sworn to and subscribed before me, this 2nd day of March, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. CLASSIC CENTER AUTHORITY FOR CLARKE COUNTY MEMBERSHIP. No. 317 (House Bill No. 1059). AN ACT To amend an Act to create the Classic Center Authority for Clarke County, approved March 10, 1988 (Ga. L. 1988, p. 3799), so as to change certain provisions relative to the membership of the authority; to repeal conflicting laws; and for other purposes.

Page 4868

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act to create the Classic Center Authority for Clarke County, approved March 10, 1988 (Ga. L. 1988, p. 3799), is amended by striking subsection (a) of Section 2 of said Act in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) Members. The authority shall consist of five members who shall be appointed by the governing authority of Clarke County, Georgia. No elected 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 terms of three years; and two members for terms 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 shall be only for the remainder of such term. In no event shall any member serve for more than eight consecutive years. 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 1989 session of the General Assembly of Georgia a bill to amend an Act creating the Classic Center Authority for Clarke County, approved March 10, 1988 (Ga. L. 1988, p. 3799); and for other purposes. This 2nd day of March, 1989. Rep. Lawton E. Stephens State Representative 68th District

Page 4869

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: March 2, 1989. /s/ Lawton E. Stephens Representative, 68th District Sworn to and subscribed before me, this 6th day of March, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. HOUSTON COUNTY MOTOR VEHICLE REGISTRATION PERIODS; ACT REPEALED. No. 318 (House Bill No. 1060). AN ACT To repeal an Act providing for the registration and licensing of vehicles in Houston County during designated registration periods, approved March 10, 1988 (Ga. L. 1988, p. 3842); to provide for related

Page 4870

matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for the registration and licensing of vehicles in Houston County during designated registration periods, approved March 10, 1988 (Ga. L. 1988, p. 3842), is repealed in its entirety. Section 2. This Act shall become effective January 1, 1990, and shall apply with respect to the registration and licensing of motor vehicles on and after that 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 1989 session of the General Assembly of Georgia a bill to repeal an Act providing for the registration and licensing of vehicles in Houston County during designated registration periods, approved March 10, 1989 (Ga. L. 1988, p. 3842); to provide for related matters; and for other purposes. This 3rd day of March, 1989. Honorable Larry Walker Representative, 115th District GEORGIA, FULTON COUNTY

Page 4871

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Larry Walker, who, on oath, deposes and says that he is Representative from the 115th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Houston Home Journal which is the official organ of Houston County, on the following date: March 4, 1989. /s/ Larry Walker Representative, 115th District Sworn to and subscribed before me, this 6th day of March, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. HOUSTON COUNTY STATE PROBATION OFFICERS; SALARY SUPPLEMENTS. No. 319 (House Bill No. 1061). AN ACT To authorize the board of commissioners of Houston County to supplement the salaries of the state probation officers and other probation personnel of the Houston Judicial Circuit; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 4872

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The board of commissioners of Houston County is authorized from time to time to supplement the salaries of the state probation officers and other probation personnel of the Houston Judicial Circuit out of the funds of Houston County. County salary supplements shall be payable in equal monthly installments. 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 INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to authorize the Board of Commissioners of Houston County to supplement the salaries of the state probation officers and other probation personnel to provide for related matters; and for other purposes. 17th day of February 1989 Honorable Roy H. Watson Jr. Representative of the 114th 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, Notice: Intent to Introduce Local Legislation was published in The Houston Home Journal on the following dates: 2/22/89.

Page 4873

This 23 day of Feb., 1989. /s/ Jim Kerce LtD Publisher, Houston Home Journal Perry, Georgia Sworn to and subscribed before me this 23 day of Feb 1989. /s/ Jean Breaux Notary Public, Houston County, Georgia My Commission Expires Oct 3, 1992 (SEAL) Approved March 30, 1989. CITY OF NORCROSS CITY COUNCIL; TERMS. No. 320 (House Bill No. 1062). AN ACT To amend an Act creating a new charter for the City of Norcross, approved April 11, 1988 (Ga. L. 1988, p. 4961), so as to provide for staggered terms of office for members of the city council; 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 creating a new charter for the City of Norcross, approved April 11, 1988 (Ga. L. 1988, p. 4961), is amended by striking Section 2.11 in its entriety and substituting in lieu thereof a new Section 2.11 to read as follows:

Page 4874

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, except that those members of the city council who are elected in 1992 shall serve for terms expiring at the organizational meeting held in January immediately following the general municipal election held in 1995. Thereafter, their successors and future successors shall be elected for terms of four years and until their 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. 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 for passage at the 1989 Session of the General Assembly of Georgia, a local bill to amend the Charter of the City of Norcross, Georgia, to provide for staggered terms of municipal offices, to repeal conflicting laws; and for other purposes.

Page 4875

This the 17 day of January, 1989. -s- Thurman Terrell THURMAN L. TERRELL, Mayor City of Norcross -s- Peter F. Boyce PETER F. BOYCE, City Attorney GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Goodwin, who, on oath, deposes and says that he is Representative from the 63rd 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 27, 1989. /s/ Bill Goodwin Representative, 63rd District Sworn to and subscribed before me, this 6th day of March, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989.

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PEACH COUNTY BOARD OF COMMISSIONERS; COMPENSATION. No. 321 (House Bill No. 1063). AN ACT To amend an Act creating the board of commissioners for Peach County, approved March 10, 1964 (Ga. L. 1964, p. 2626), as amended, so as to change the compensation of the board; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the board of commissioners for Peach County, approved March 10, 1964 (Ga. L. 1964, p. 2626), as amended, is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 which shall read as follows: Section 2. The first election for members of the board created in this Act shall be held at the general election in November, 1964. The members elected shall take office January 1, 1965, for terms of four years and until their successors are elected and qualified. Future elections shall be held every four years at the general election, and future successors shall likewise be elected for terms of four years and until their successors are elected and qualified. Such successors shall take office on the first day of January immediately following their election. The members of the board shall elect a chairman of the board who shall preside at meetings. The board is authorized to elect a vice-chairman in the event such is deemed advisable. The members shall be compensated in an amount of $500.00 per month. Section 2. This Act shall become effective on January 1, 1991. Section 3. All laws and parts of laws in conflict with this Act are repealed.

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NOTICE is given that there will be introduced in the 1989 session of the General Assembly of Georgia a bill to increase the financial renumeration of the members of the Peach County Commission this first of March, 1989. RESOLUTION WHEREAS, the Board of Commissioners of Peach County, Georgia, is the governing authority of said county and is entrusted with the financial well-being and stability of Peach County, Georgia; and, WHEREAS, the time required of the members of the Board of Commissioners in carrying out the duties of their office has increased through the years; NOW, THEREFORE, BE IT RESOLVED, that the Board of Commissioners of Peach County, Georgia, hereby request that its State Representative, Robert Ray, and Senator, Bud McKenzie, introduce legislation in the General Assembly amending the legislation which created the Board of Commissioenrs of Peach County, Georgia, to increase the monthly compensation for each member of the Board of Commissioners of Peach County, Georgia, to Five Hundred Dollars ($500.00) per month. SO RESOLVED, this 10th day of January, 1989. PEACH COUNTY BOARD OF COMMISSIONERS GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert Ray, who, on oath, deposes and says that he is Representative from the 98th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Leader-Tribune which is the official organ of Peach County, on the following date: March 1, 1989.

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/s/ Robert Ray Representative, 98th District Sworn to and subscribed before me, this 6th day of March, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. GWINNETT COUNTY RECORDER'S COURT; JUDGES; COMPENSATION. No. 322 (House Bill No. 1064). AN ACT To amend an Act creating the Recorder's Court of Gwinnett County, approved March 27, 1972 (Ga. L. 1972, p. 3125), as amended, so as to change the compensation of the judges of the recorder's court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the Recorder's Court of Gwinnett County, approved March 27, 1972 (Ga. L. 1972, p. 3125), as amended, is amended by striking Section 7 and inserting in its place a new Section 7 to read as follows:

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Section 7. Judges' compensation. (a) Effective July 1, 1989, the salary of the judges of the recorder's court shall be equal to 70 percent of the salary of a judge of superior court of the Gwinnett Judicial Circuit including any supplement, which salary shall be paid by the governing authority of Gwinnett County. This subsection shall stand repealed in its entirety effective July 1, 1990. (b) Effective July 1, 1990, the salary of the judges of the recorder's court shall be equal to 75 percent of the salary of a judge of the superior court of the Gwinnett Judicial Circuit including any supplement, which salary shall be paid by the governing authority of Gwinnett County. Section 2. This Act shall become effective on July 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 1989 session of the General Assembly of Georgia a bill to amend an Act creating the Recorder's Court of Gwinnett County, approved March 27, 1972 (Ga. L. 1972, p. 3125), as amended; and for other purposes. This 23 day of January, 1989. -s- Mike Barnett Honorable Mike Barnett Representative, 59th District GEORGIA, FULTON COUNTY

Page 4880

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 27, 1989. /s/ O.M. Barnett Representative, 59th District Sworn to and subscribed before me, this 30th day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. GWINNETT COUNTY STATE COURT; JUDGES; COMPENSATION. No. 323 (House Bill No. 1065). AN ACT To amend an Act to continue and re-create the State Court of Gwinnett County, approved March 23, 1977 (Ga. L. 1977, p. 3331), as amended, so as to change the compensation of the judges of the state court; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act to continue and re-create the State Court of Gwinnett County, approved March 23, 1977 (Ga. L. 1977, p. 3331), as amended, is amended by striking subsection (c) of Section 13 and inserting in its place a new subsection (c) to read as follows: (c) Each of the judges shall be paid an annual salary equal to the sum of 90 percent of the annual salary of a judge of superior court, as paid by the state, plus 90 percent of the annual amount of any supplement paid by the governing authority of Gwinnett County to a judge of the superior court. Such salary shall be payable in equal monthly installments out of the treasury of Gwinnett County by the officers of said county authorized to pay out the funds of said county. The salary of such judges shall be an expense of said court. Section 2. This Act shall become effective on July 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 1989 session of the General Assembly of Georgia a bill to amend an Act to continue and re-create the State Court of Gwinnett County, approved March 23, 1977 (Ga. L. 1977, p. 3331), as amended; and for other purposes. This 23 day of January, 1989. -s- Mike Barnett Honorable Mike Barnett Representative, 59th District

Page 4882

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 27, 1989. /s/ O.M.Barnett Representative, 59th District Sworn to and subscribed before me, this 30th day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. GWINNETT JUDICIAL CIRCUIT JUDGES; SALARY SUPPLEMENT. No. 324 (House Bill No. 1066). AN ACT To amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties, jurisdiction, and officers, approved February 12, 1960 (Ga. L. 1960, p. 110), as amended, so as to change

Page 4883

the provisions relating to the supplement of the salary of each of the judges of the Superior Court of the Gwinnett 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 creating the Gwinnett Judicial Circuit and providing for its powers, duties, jurisdiction, and officers, approved February 12, 1960 (Ga. L. 1960, p. 110), as amended, is amended by striking Section 2A and inserting in its place a new Section 2A to read as follows: Section 2A. (a) Effective July 1, 1989, the compensation and allowances of the judges of the Gwinnett Judicial Circuit shall be as now or hereafter provided by law, and in addition thereto the salary of each such judge shall be supplemented in the amount of $16,250.00 per annum from the funds of Gwinnett County, payable in equal monthly installments, and the governing authority of Gwinnett County is authorized and directed to pay the compensation provided in this section. In addition to the above provisions, the governing authority of Gwinnett County is authorized to pay the superior court judges of the Gwinnett Judicial Circuit such amount as shall be fixed by the governing authority. This subsection shall stand repealed in its entirety on July 1, 1990. (b) Effective July 1, 1990, the compensation and allowances of the judges of the Gwinnett Judicial Circuit shall be as now or hereafter provided by law, and in addition thereto the salary of each such judge shall be supplemented in the amount of $19,750.00 per annum from the funds of Gwinnett County, payable in equal monthly installments, and the governing authority of Gwinnett County is authorized and directed to pay the compensation provided in this section. In addition to the above provisions, the governing authority of Gwinnett County is authorized to pay the superior court judges of the Gwinnett Judicial Circuit such amount as shall be fixed by the governing authority. Section 2. This Act shall become effective on July 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 1989 session of the General Assembly of Georgia a bill to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties, jurisdiction, and officers, approved February 12, 1960 (Ga. L. 1960, p. 110), as amended; and for other purposes. This 23 day of January, 1989. -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: January 27, 1989. /s/ O. M. Barnett Representative, 59th District

Page 4885

Sworn to and subscribed before me, this 30th day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. GWINNETT COUNTY JUVENILE COURT; JUDGE; COMPENSATION. No. 325 (House Bill No. 1067). AN ACT To provide for the compensation of the judge of the Juvenile Court of Gwinnett County; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The judge of the Juvenile Court of Gwinnett County shall receive an annual salary in an amount equal to 90 percent of the salary of a judge of the superior court of the Gwinnett Judicial Circuit, including any supplement. Such salary shall be paid in equal monthly installments by the governing authority of Gwinnett County from the funds of Gwinnett County. Section 2. This Act shall become effective on July 1, 1989. Section 3. All laws and parts of laws in conflict with this Act are repealed.

Page 4886

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to provide for the compensation of the judge of the Juvenile Court of Gwinnett County; to provide an effective date; to repeal conflicting laws; and for other purposes. This 22 day of Feb., 1989. 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 24, 1989 /s/ O. M. Barnett Representative, 59th District Sworn to and subscribed before me, this 2nd day of March, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989.

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GWINNETT COUNTY SHERIFF; CLERK OF THE SUPERIOR COURT; JUDGE OF THE PROBATE COURT; TAX COMMISSIONER; COMPENSATION. No. 326 (House Bill No. 1068). AN ACT To amend an Act placing certain officers of Gwinnett County on an annual salary, approved February 23, 1956 (Ga. L. 1956, p. 2535), as amended, so as to change the provisions relating to the compensation of the sheriff, the clerk of the superior court, the judge of the probate court, and the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act placing certain officers of Gwinnett County on an annual salary, approved February 23, 1956 (Ga. L. 1956, p. 2535), as amended, is amended by striking subsections (a), (b), and (c) of Section 2 and inserting in their place new subsections (a), (b), and (c), respectively, to read as follows: (a) The sheriff of Gwinnett County shall be paid an annual salary for services performed as sheriff in an amount equal to 75 percent of the annual salary of a judge of Superior Court of the Gwinnett Judicial Circuit plus 75 percent of the annual supplement paid to such judge by the governing authority of Gwinnett County. Such annual salary shall be paid in equal monthly installments from the funds of Gwinnett County. In addition to such annual salary, the sheriff shall be paid an additional salary equal to the amount provided for by general law for the performance of additional duties or services to which such officer would be entitled if such officer was compensated pursuant to the general law regarding minimum salary for such officer

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and if such officer continues to perform the additional duties or services specified in such general law. (b) The clerk of the Superior Court of Gwinnett County shall be paid an annual salary for services performed as clerk of the superior court in an amount equal to 75 percent of the annual salary of a judge of Superior Court of the Gwinnett Judicial Circuit plus 75 percent of the annual supplement paid to such judge by the governing authority of Gwinnett County. Such annual salary shall be payable in equal monthly installments from the funds of Gwinnett County. In addition to such annual salary, the clerk of the superior court shall be paid an additional salary equal to the amount provided for by general law for the performance of additional duties or services to which such officer would be entitled if such officer was compensated pursuant to the general law regarding minimum salary for such officer and if such officer continues to perform the additional duties or services specified in such general law. (c) The judge of the Probate Court of Gwinnett County shall be paid an annual salary for services performed as judge of the probate court in an amount equal to 75 percent of the annual salary of a judge of Superior Court of the Gwinnett Judicial Circuit plus 75 percent of the annual supplement paid to such judge by the governing authority of Gwinnett County. Such annual salary shall be payable in equal monthly installments from the funds of Gwinnett County. In addition to such annual salary, the judge of the probate court shall be paid an additional salary equal to the amount provided for by general law for the performance of additional duties or services to which such officer would be entitled if such officer was compensated pursuant to the general law regarding minimum salary for such officer and if such officer continues to perform the additional duties or services specified in such general law. Section 2. Said Act is further amended by striking Section 4 and inserting in its place a new Section 4 to read as follows: Section 4. (a) The tax commissioner of Gwinnett County shall be paid an annual salary for services performed as tax commissioner in an amount equal to 75 percent of the annual salary of a judge of Superior Court of the Gwinnett Judicial Circuit plus 75 percent of the annual supplement paid to such

Page 4889

judge by the governing authority of Gwinnett County. Such annual salary shall be payable in equal monthly installments from the funds of Gwinnett County. In addition to such annual salary, the tax commissioner shall be paid an additional salary equal to the amount provided for by general law for the performance of additional duties or services to which such officer would be entitled if such officer was compensated pursuant to the general law regarding minimum salary for such officer and if such officer continues to perform the additional duties or services specified in such general law. (b) All fees, commissions, costs, or any other perquisites collected by the tax commissioner shall be the property of Gwinnett County and shall be turned over to the fiscal authority of said county with a detailed, itemized statement of the services for which such fees were collected. Section 3. The provisions of this Act shall supersede and govern over any conflicting provisions of any other local Act relating to the sheriff, the clerk of the superior court, the judge of the probate court, or the tax commissioner of Gwinnett County. Section 4. This Act shall become effective on July 1, 1989. 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 1989 session of the General Assembly of Georgia a bill to amend an Act placing certain officers of Gwinnett County on an annual salary, approved February 23, 1956 (Ga. L. 1956, p. 2535), as amended; and for other purposes. This 23 day of January, 1989.

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-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: January 27, 1989 /s/ O. M. Barnett Representative, 59th District Sworn to and subscribed before me, this 30th day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989.

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CLAYTON COUNTY COMMISSION ON CHILDREN AND YOUTH CREATION. No. 327 (House Bill No. 1076). AN ACT To establish the Clayton County Commission on Children and Youth congruent and compatible with Chapter 5 of Title 49 of the Official Code of Georgia Annotated which establishes and implements a state-wide Commission on Children and Youth; to provide for matters relative thereto; 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. The General Assembly finds that appropriate services to children and youth are vitally important and that a Commission on Children and Youth on a local level, and particularly the establishment in Clayton County of a Commission on Children and Youth, recognizes the importance of this service. The intent of this Act is to provide for the effective coordination and communication between the providers of children and youth services in Clayton County, including pediatrics, health, mental health, business, and industry, and all components of the social service delivery system, education, employment, and juvenile justice and community efforts tangent thereto. Section 2. (a) There is established the Clayton County Commission on Children and Youth which shall be composed of the following members: (1) Ten voting members selected by the concerted action of the director of the Clayton County Department of Family and Children Services, the chairman of the Clayton County Board of Commissioners and the judge of the Juvenile Court of Clayton County. Voting members shall consist of individuals who are business and community leaders and who by their interest, training, or experience are knowledgeable of the issues affecting children and youth; individuals

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who are in the field of education; individuals who are part of local government, including law enforcement officials; and individuals who by their training and experience are knowledgeable in pediatrics, health, mental health, or social services. Voting members shall have the authority to vote on all issues before the commission; and voting members shall serve at the pleasure of their selectors. In selection and discharge of the voting members, the votes of two members of the selection and discharge group shall control. (2) Ten ex officio members. Ex officio members shall consist of a member of the Clayton County legislative delegation, the sheriff of Clayton County, the chairman of the Clayton County Board of Commissioners, the Clayton County Director of Police Services, the Clayton County Juvenile Court Judge, the Clayton County Superintendent of Schools, the chairman of the Clayton County Chaplain's Association, a physician appointed by the Director of Public Health, the Director of the Department of Family and Children Services, and the Director of Mental Health. Ex officio members shall not have the authority to vote on the administration of grants or grant requests or other such issues prohibited by law or as set forth in the commission's bylaws. (b) All appointments to the commission shall become effective on the first day of the month following the month in which this Act becomes law. In the event of death, resignation, disqualification, or removal for any reason of any member of the commission, the vacancy shall be filled prior to the next regular meeting in the same manner as the original appointment and the successor shall serve for the unexpired term. (c) Membership on the commission does not constitute public office and no member shall be disqualified from holding public office by reason of his membership on the commission. (d) Members of the commission shall serve without compensation, except that each member may be reimbursed out of the funds of the commission as funds are available for expenses incurred as a result of his duties as a commission member in accordance with the State of Georgia mileage reimbursement allowance.

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(e) The commission shall elect a chairman and such other officers from among their number and make such bylaws for its operation as may be necessary or appropriate. (f) The commission may establish advisory committees. All members of the advisory committee shall be knowledgeable about children and youth issues. Section 3. (a) The chairman of the commission may contract with other agencies, public or private, or persons as the chairman deems necessary for the rendering and affording of such services, facilities, studies, research, and reports to the commission as will best assist it to carry out its duties and responsibilities. (b) The chairman may employ such other professional, technical, and clerical personnel as deemed necessary to carry out the purposes of this Act, given funds available. Section 4. The commission is vested with the following functions and authorities: (1) To cooperate with and seek cooperation from every department, agency, or instrumentality in furtherance of the purposes of this Act; (2) To convene periodically, but at least three times a year, at a place and time designated by the chairman of the commission; (3) To develop, in coordination and cooperation with all components of the various children and youth systems of this state, and agencies of Clayton County, public or private, legislative proposals and executive policy proposals to better meet the needs of children and youth and improve the quality of services available to them; (4) To review and develop an integrated county plan for services provided to children and youth through whatever available federal, state, and local programs; (5) To provide technical assistance and consultation to members of the commission and officers of Clayton County government, particularly those involved in providing services to children and youth;

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(6) To review existing statutes, administrative rules, regulations, ordinances, and policies of those agencies having a member on the commission relating to children and youth and make recommendations which will encourage greater interagency coordination and cooperation, for effective utilization of existing resources, and less duplication of efforts; (7) To facilitate the elimination of unnecessary duplicative efforts, programs, and services; (8) To administer assistance funds for the purposes mentioned herein or as assigned by law or executive order; and (9) Notwithstanding any provision in this Act to the contrary, the commission shall not exercise any power, undertake any duty, or perform any function otherwise assigned by law. Section 5. (a) The commission is authorized to accept and use property, both real and personal, and services for the purpose of carrying out this Act. The commission is authorized to accept and use gifts, grants, and donations for the purpose of carrying out this Act. Any funds, property, or services received by gifts, grants, or donations shall be kept separate and apart from any funds received from any governmental agency, and such funds, property, or services so received by gifts, grants, or donations shall be the property and the funds of the commission and, as such, shall not lapse at the end of each fiscal year but shall remain under the control of and subject to the direction of the commission to carry out the provisions of this Act. (b) The commission may solicit funds from the federal government, state government, county government and municipalities, and any public funds donated by government are authorized, provided that the commission accounts for the spending of such funds on an annual basis. (c) The commission shall make an annual report on July 1 of each year of its findings and recommendations to the members of the Clayton County legislative delegation, the Board of Commissioners of Clayton County, and the judicial officers of Clayton County.

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Section 6. This Act shall become effective on July 1, 1989. Section 7. The commission shall stand abolished on July 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 1989 session of the General Assembly of Georgia a bill to create the Clayton County Commission on Children and Youth; and for other purposes. This 3rd day of March, 1989. Frank I. Bailey, Jr. Representative, 72nd District 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: March 3, 1989. /s/ Frank I. Bailey, Jr. Representative, 72nd District

Page 4896

Sworn to and subscribed before me, this 6th day of March, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 30, 1989. CITY OF SMYRNA HOMESTEAD EXEMPTION; REFERENDUM. No. 604 (House Bill No. 237). AN ACT To provide for a $10,000.00 homestead exemption from all City of Smyrna ad valorem taxes for certain disabled residents; to provide for a referendum; to provide for all related matters; to repeal an 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 Smyrna who is disabled is granted an exemption on that person's homestead from all City of Smyrna ad valorem taxes in the amount of $10,000.00 if the resident's net income, together with the net income of the person's spouse who also resides at such homestead, as net income is defined by general law, from all sources, including benefits received from any

Page 4897

retirement or pension fund when such benefits are based on contributions by the resident or his spouse, not including federal old-age, survivor, or disability benefits, does not exceed $6,000.00 for the immediately preceding taxable year for income tax purposes. The value of the homestead in excess of the exempted amount shall remain subject to taxation. Section 3. 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 the federal Social Security Administration or from the sanctioned agency authorized to pay disability benefits when the person claiming this exemption is not entitled to Social Security benefits under the provisions of the federal Social Security Administration, and from not less than one nor more than three physicians licensed to practice medicine in this state, 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 through his agent, provides the governing authority of the City of Smyrna, or a person designated by the governing authority, with the certificates provided for in this Act and files an application with said governing authority 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 said governing authority to make a determination as to whether such person is entitled to such exemption. The governing authority shall provide the necessary 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, but after any such person has filed the proper application and certificates, as provided in this section, and has been allowed the exemption provided in this Act, it shall not be necessary that he make application and file said certificates thereafter for any year; and the said exemption shall continue to be allowed to such person. It shall be the duty of any such person, however, to notify the governing authority in the event he becomes ineligible for any reason for the exemption provided in this Act. Section 4. The governing authority of the City of Smyrna may by ordinance provide the procedures and requirements necessary

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for the proper administration of the homestead exemption provided for by this Act. 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 apply to all tax years beginning January 1 of the year following the year in which this Act is approved by the electors of the City of Smyrna. Section 7. The exemption granted by this Act shall be in addition to any other homestead exemption from City of Smyrna ad valorem taxes. Section 8. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Smyrna 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 Smyrna for approval or rejection. The election superintendent shall conduct that election on the date of the next municipal election or referendum 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 $10,000.00 homestead exemption from all City of Smyrna ad valorem taxes for certain disabled residents? 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

Page 4899

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 Smyrna. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 9. The homestead exemption applicable to City of Smyrna ad valorem taxes set forth in a constitutional amendment proposed by Ga. L. 1976, p. 1929, which was duly ratified by the people and which was continued in force and effect by an Act approved March 28, 1986 (Ga. L. 1986, p. 5523) shall stand repealed in its entirety on the date on which the exemption provided by this Act becomes applicable. 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 1989 session of the General Assembly of Georgia a bill to increase the homestead exemption from City of Smyrna, Georgia, ad valorem taxes for all residents 65 years of age or over or who are totally disabled; and for other purposes. This 2nd day of Jan., 1989. /s/ Fred Aiken CHUCK CLAY ROY BARNES HUGH RAGAN SALLIE NEWBILL SENATORS
Page 4900

JACK VAUGHN HERMAN CLARK STEVE THOMPSON EARL ERHART GRESHAM HOWREN FRED AIKEN JOHNNY ISAKSON JOHNNY GRESHAM TOM WILDER BILL ATKINS 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 6, 1989. /s/ Fred Aiken Representative, 21st District Sworn to and subscribed before me, this 12th day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved April 13, 1989.

Page 4901

WHITFIELD COUNTY BOARD OF EDUCATION; TERMS; ELECTIONS; REFERENDUM. No. 612 (House Bill No. 579). AN ACT To provide for the terms of office and for the election of members of the Board of Education of Whitfield County; to provide for other 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. As used in this Act, the term: (1) Board of education means the Board of Education of Whitfield County. (2) Education districts means the education districts for the election of members of the board of education as set forth in the local constitutional amendment. (3) Local constitutional amendment means the local constitutional amendment providing for the election of the Board of Education of Whitfield County and for election of the county school superintendent by the board (Res. Act. No. 160, H.R. 483-1200; Ga. L. 1964, p. 978) which was ratified at the 1964 general election and which was continued in force and effect by an Act approved February 27, 1987 (Ga. L. 1987, p. 3703). Section 2. (a) The members of the board of education from Education Districts 1 and 3 elected at the 1990 general election pursuant to the provisions of the local constitutional amendment

Page 4902

shall take office on the first day of January, 1991, for terms of four years and until their successors are elected and qualified. Thereafter, successors shall be elected at the general election immediately preceding the expiration of terms of office and shall take office on the first day of January immediately following their election. (b) The member of the board of education elected at large from Education District 5 at the 1994 general election pursuant to the provisions of the local constitutional amendment shall take office on January 1, 1995, for a term of four years and until a successor is elected and qualified. Thereafter, a successor shall be elected at the general election immediately preceding the expiration of the term of office and shall take office on the first day of January immediately following the election for a term of four years and until a successor is elected and qualified. (c) The members of the board of education from Education Districts 2 and 4 elected at the 1992 general election pursuant to the provisions of the local constitutional amendment shall take office on the first day of January, 1993, for terms of four years and until their successors are elected and qualified. Thereafter, successors shall be elected at the general election immediately preceding the expiration of terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. Section 3. All members of the board of education serving pursuant to the provisions of the local constitutional amendment shall continue to serve until their successors are elected pursuant to the provisions of Section 2 of this Act. All members of the board of education 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. Except as otherwise provided by this Act, the local constitutional amendment shall continue in force and effect. Section 5. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Whitfield County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Whitfield County School District for approval or rejection. The election superintendent shall conduct that election on the same date as the

Page 4903

general primary election in 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 Whitfield County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which establishes four-year terms of office for members of the Board of Education of Whitfield 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, 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 Whitfield 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 OF INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill relative to the election and terms of office of members of the board of education of

Page 4904

Whitfield County; to provide for a referendum; and for other purposes. This 25th day of January, 1989. Honorable Jim Tyson Griffin Representative, 6th District 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 Daily Citizen-News which is the official organ of Whitfield County, on the following date: January 27, 1989. /s/ Jim Griffin Representative, 6th District Sworn to and subscribed before me, this 31st day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved April 13, 1989.

Page 4905

CLAYTON COUNTY BOARD OF EDUCATION; ELECTIONS; COMPOSITION; DISTRICTS; COUNTY SCHOOL SUPERINTENDENT; ELECTION; REFERENDUM. No. 615 (House Bill No. 1026). 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 change the composition of the board of education; to change the education districts; to provide for the nomination and election of members of the board of education from separate education districts in nonpartisan primaries and elections; to provide procedures relative to the nomination and qualification of candidates of said board; to provide for the election of the chairman by the board of education; to provide for the nomination and election of the county school superintendent of Clayton County in nonpartisan primaries and elections; to provide for related matters; to provide for a referendum; to repeal a specific Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act 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 Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows: Section 1. (a) The present members of the Board of Education of Clayton County shall continue to serve for the remainder of the terms of office to which they were elected. Thereafter, the Board of Education of Clayton County shall be composed of nine members. If one of the two members representing Education District No. 7 dies, resigns, or otherwise vacates his or her position on the board prior to December 31, 1990, no special election shall be called to fill such vacancy. If one of the two members representing Education District No. 8 dies, resigns, or otherwise vacates his or her position on the board

Page 4906

prior to December 31, 1992, no special election shall be called to fill such vacancy. If one of the two members representing Education District No. 1 dies, resigns, or otherwise vacates his or her position on the board prior to December 31, 1994, no special election shall be called to fill such vacancy. (b) (1) For purposes of electing members of the board, Clayton County is divided into nine education districts, as follows: Education District No. 1 Clayton Tract 405.2 Blocks 101 through 105 and 111 through 113 Tract 406.03 Block Group 1 That part of Block 603 within the City of Jonesboro Blocks 706 and 707 Tract 406.04 Block Group 2 Blocks 302 through 304, 307, 308, 311 through 316, and 326 through 341 Tract 406.05 Block Groups 2 and 3 Blocks 403 through 407 Block 504 Tracts 406.06 through 406.08 Education District No. 2 Clayton Tract 405.02 Blocks 106 through 110 and 114 through 116 Block Groups 2 through 5 Tract 405.06 Block 213 Block Groups 3 and 4 Education District No. 3 Clayton Tract 402 Blocks 215 and 216

Page 4907

Tract 405.03 Blocks 101 through 104 Blocks 313 through 316 Blocks 402 through 405 Tract 405.04 Blocks 105 through 107 Tract 405.05 Education District No. 4 Clayton Tract 401 Tract 402 Block Group 1 Blocks 201 through 214 Block Group 9 Tract 403.01 Tract 403.02 Blocks 110 through 112 Blocks 515, 516, and 522 That part of Block 523 outside the City of Forest Park Tract 403.04 Blocks 203 through 206, 208 through 218, 224 through 227, and 229 through 233 Block Group 3 Tract 403.05 Blocks 307 through 311 Tract 405.03 Block 401 Tract 405.04 Blocks 101 through 104 Education District No. 5 Clayton Tract 404.05 Block Group 2 Blocks 301 through 309 Tract 404.06 Blocks 206 through 214 and 227 through 231 Block 923

Page 4908

Tract 405.03 Blocks 106 through 111 and 113 through 126 Blocks 302 through 312 Tract 405.06 Blocks 201, 202, 209, 210, 212, and 214 through 216 Tract 406.04 Blocks 520, 522 through 525, 528, 529, and 531 through 541 Block Group 6 Education District No. 6 Clayton Tract 404.03 Block Group 1 Blocks 201, 202, 217 through 224, and 228 Blocks 402 through 404 and 410 through 412 Tract 404.06 Blocks 234 through 239 Blocks 914 through 918 and 924 through 933 Tract 406.03 Block Groups 2 through 5 Blocks 601 and 602 That part of Block 603 outside the City of Jonesboro Blocks 604 and 605 Blocks 702, 704, 705, and 717 Blocks 902 and 903 Tract 406.04 Blocks 319, 323, 324, and 342 Block Group 4 Blocks 501 through 503, 506 through 515, and 542 through 544 Tract 406.05 Blocks 401, 402, and 408 through 410 Blocks 501 through 503 and 505 through 508

Page 4909

Education District No. 7 Clayton Tract 403.04 Block Group 1 Blocks 201 and 202 Tract 403.05 Block Groups 1 and 2 Blocks 303, 304, 306, and 312 through 315 Tract 404.01 Blocks 308, 311 through 314, 316 through 326, and 330 through 338 Block Group 4 Tract 404.05 Block Group 1 Tract 404.06 Block Group 1 Education District No. 8 Clayton Tract 404.01 Block Groups 1 and 2 Blocks 301 through 304 Block Groups 5 through 7 Block 910 Tract 404.02 Block Groups 3 through 5 Block 850 Blocks 908, 909, 911, 912, 914, 915, 921, 924, 927 through 929, 938 through 950, and 998 Tract 404.03 Blocks 203 through 205, 207 through 210, 212 through 215, 225, and 226 Block Group 3 Blocks 401 and 405 through 409 Education District No. 9 Clayton Tract 403.02 Blocks 102 and 104 through 109

Page 4910

Block Groups 2 through 4 Blocks 501 through 504, 506, 507, 509 through 511, and 517 through 521 That part of Block 523 within the City of Forest Park Tract 403.03 Tract 404.02 Block Groups 1 and 2 Blocks 917 and 922 Tract 404.03 Block 227 (2) For the purposes of this subsection: (A) The terms `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 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) The members of the board of education elected to represent Education District Nos. 7 and 9 shall be elected at the general election in November, 1990, for terms of two years. Successors to such members shall be elected at the general election in November, 1992, for terms of four years and they shall serve until their successors are elected and qualified. (4) The members of the board of education elected to represent Education District Nos. 3 and 6 shall be elected at the general election in November, 1990, for terms of four years and they shall serve until their successors are elected and qualified. (5) The members of the board of education elected to represent Education District Nos. 4 and 8 shall be elected at the general election in November, 1992, for terms of four

Page 4911

years and they shall serve until their successors are elected and qualified. (6) The members of the board of education elected to represent Education District Nos. 1, 2, and 5 shall be elected at the general election in November, 1994, for terms of four years and they shall serve until their successors are elected and qualified. (7) Thereafter, the members of the board of education shall be elected at the general election next preceding the expiration of their respective terms of office for terms of four years and until their successors are elected and qualified. (8) The members of the board shall take office on the first day of January following their election. (9) Vacancies on the board of education shall be filled in accordance with the provisions of general law. (c) Each member of the board of education shall be elected by a majority of the voters voting in his or her education district. Each member of the board of education must be a resident of and continue to reside in the education district from which he or she is elected and shall be nominated and elected at nonpartisan primaries and elections 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,' as now or hereafter amended. (d) Each member of the board must be of good moral character, be favorable to the common school system, have at least a fair knowledge of the elementary branch of an English education, and be qualified to vote for members of the General Assembly. (e) The provisions of this section supersede the provisions formerly applying which are set out in the first five undesignated paragraphs of quoted matter added to the Constitution by a local constitutional amendment (Res. Act No. 200; H.R. No. 216-743b; Ga. L. 1953, Nov.-Dec. Sess., p. 506) which was ratified by the electors of Clayton County at the general election in 1954.

Page 4912

Section 2. Said Act is further amended by adding a new Section 1A immediately following Section 1 to read as follows: Section 1A. Beginning in January, 1989, and biennially thereafter, the chairman of the Board of Education of Clayton County shall be elected by a majority vote of the members of the board of education for a term of office of two years. The chairman shall serve for the term of office for which elected and until a successor is elected and qualified. The chairman shall be eligible for reelection to subsequent terms of office by a majority vote of the members of the board of education. In the event of a vacancy in the office of chairman, the board of education shall elect a successor by a majority vote for the unexpired term. Section 3. Said Act is further amended by adding a new Section 3 immediately following Section 2 to read as follows: Section 3. (a) The successor to the county school superintendent of Clayton County whose term of office expires 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 general election in 1990. The county school superintendent shall take office on the first day of January following the general election for a term of four years and until his or her successor is elected and qualified. Thereafter, future successors shall be nominated in the nonpartisan primary and elected at the general election held at the same times as the general primary and general election held immediately preceding the expiration of their terms of office and they shall take office on the first day of January following their election for terms of four years and until their successors are elected and qualified. (b) Nonpartisan primaries and elections to nominate and elect the county school superintendent of Clayton County shall be held and conducted in accordance with the provisions of 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,' as now or hereafter amended. Section 4. 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

Page 4913

for the purpose of submitting this Act to the electors of Clayton County for approval or rejection. The election superintendent 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 changes the composition of the Board of Education of Clayton County, changes the education districts, provides for the nomination and election of members of the board from separate education districts in nonpartisan primaries and elections, and provides for the nomination and election of the county school superintendent of Clayton County in nonpartisan primaries and 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 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 5. An Act providing that the terms of office of the chairman of the board of education of Clayton County shall be two years, approved March 25, 1986 (Ga. L. 1986, p. 4752), is repealed in its entirety.

Page 4914

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 1989 session of the General Assembly of Georgia a bill to amend an Act 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), as amended; and for other purposes. This 17th day of February, 1989. 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 17, 1989. /s/ Frank I. Bailey, Jr. Representative, 72nd District

Page 4915

Sworn to and subscribed before me, this 24th day of February, 1989. /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 1989 session of the General Assembly of Georgia a bill to provide that future school superintendents of the Clayton County School District shall be nominated and elected to nonpartisan elections; to provide for related matters; to provide for a referendum; and for other purposes. This 17th day of February, 1989. 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 17, 1989. /s/ Frank I. Bailey, Jr. Representative, 72nd District

Page 4916

Sworn to and subscribed before me, this 24th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved April 13, 1989. CITY OF WAYCROSS CHARTER REVISED AND RESTATED. No. 616 (House Bill No. 1025). AN ACT To amend an Act providing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, and the several amendatory Acts thereof, so as to revise and restate the charter of the City of Waycross; to state legislative intent; to provide for the city's creation, incorporation, territorial limits, and powers; to provide for the structure of the government of the city; to provide for the administrative affairs of the city; to provide for a judicial branch of city government; to provide for election and removal of officers; to provide for finances and taxation; to provide for other related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. (a) The General Assembly finds that it is appropriate at the 1989 session to make certain revisions to the charter of the City of Waycross. These revisions, while extensive, do not constitute a comprehensive revision of the charter of the city.

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However, the numerous amendments to the charter since its original enactment make it impracticable to carry out the current extensive but not comprehensive revisions to the charter without a full restatement of the charter. Accordingly, this Act sets out a restatement of the charter, with certain extensive revisions thereto, subject to the following guidelines for establishing legislative intent: (1) Charter sections introduced by the parenthetical designation (Revision) are substantively amended by this Act, and in construing such sections they should be deemed to speak as of the effective date of this Act; and (2) Charter sections introduced by the parenthetical designation (Restatement) are not substantively amended by this Act, and in construing such sections they should be deemed to speak as of the date or dates of the Acts indicated in the parenthetical references at the end of such sections. (b) Except as provided in subsection (c) of this section, this Act is intended to constitute a comprehensive restatement and revision of the charter, and any provision of former law omitted from this Act shall be deemed repealed. (c) This Act is not intended to effect any change in the substantive law governing the Waycross Independent School District or the board of education thereof, and the substantive law relating thereto shall be continued in effect as it existed immediately prior to the effective date of this Act. (d) No inference should be derived from the inclusion of an enacting clause in some restated sections of this Act but not in other restated sections or revised sections, such inclusion being merely a result of the style in which certain such sections were originally drafted; and it is intended that the general enacting clause of this Act apply with equal force to each and every section of the restated and revised charter. Section 2. An Act providing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, and the several amendatory Acts thereof, are hereby amended by striking all substantive provisions (except provisions relating to the Waycross Independent School District) of said 1909 Act and said amendatory Acts and inserting in lieu thereof new

Page 4918

provisions to constitute a complete revision and restatement of the charter of the City of Waycross and to read as follows: Section 1. (Revision) Corporate existence continued. (a) The inhabitants of the City of Waycross, Georgia, as its limits are now, or may be hereafter established, shall continue to be a body politic and corporate to be known and designated as the City of Waycross, and the corporate existence, identity, present territorial limits, and jurisdiction of the City of Waycross, both within and beyond the territorial limits of said city, with all the corporate rights, powers, and privileges conferred, and all duties, obligations, and liabilities imposed by law shall be preserved unto said city, except as altered or amended by this Act; and as such body politic said city shall have perpetual succession, may sue and be sued, contract and be contracted with, have a corporate seal, and make, alter, and amend rules, regulations, bylaws, resolutions, and ordinances for its government and the exercise of its corporate powers, not in conflict with this Act, the Constitution and laws of Georgia, and of the United States of America. (b) All ordinances, resolutions, rules, and regulations now enforced in the city not inconsistent with this charter shall be valid and of full effect and force until amended or repealed by the commission. (c) Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue in any such ongoing work or cases and shall be completed by such city agencies, personnel, or offices as may be provided by the commission. Section 2. (Revision) Powers generally. (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 2.1. (Revision) Examples of specific powers. The corporate powers of the city, to be exercised by the city commission, 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 or 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 wellbeing 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

Page 4921

in any public works or on the streets, roads, 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.

Page 4922

(22) Planning and zoning. To provide comprehensive city planning for development by zoning and to provide subdivision regulation and the like as the city commission 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 fire-fighting 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 water works, 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,

Page 4923

fares, fees, assessments, regulations, and 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 of use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the

Page 4924

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, 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. (37) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law.

Page 4925

(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. (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 2.2 (Revision) Exercise of powers. All powers, functions, rights, privileges, and immunities of the city and its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. Section 2.3. (Revision) Alcohol and substance abuse assessment and evaluation. The commission of the City of Waycross may provide by ordinance, that the judge of the Recorder's Court (Municipal Court) of the City of Waycross (1) may as part of sentencing require any person convicted of an offense in said court to submit to assessment and evaluation for alcohol and/or substance abuse, and (2) may further provide that following such assessment and evaluation, the judge of said court, as part of said sentence may require the convicted offender to submit to counseling,

Page 4926

treatment, including admission into a drug or alcohol treatment center, as well as additional assessment and evaluation. Section 3. (Revision) Boundaries. The corporate limits of the city shall include all territory contained therein as of January 1, 1989, and the following additional tracts of land which are made a part of the city: (1) That tract known as the Baptist Village Campus Area and bounded as follows: Commence at the centerline of Carswell Avenue at the point where the westerly corporate limits of the City of Waycross, Ware County, Georgia intersect said centerline; thence north 88 degrees west, a distance of 7,450 feet to the centerline of Carswell Avenue and at the center of a 58 foot long concrete bridge over Kettle Creek; thence westerly along the centerline of Carswell Avenue, 139 feet; thence in a 90 degree angle and in a northerly direction a distance of 50 feet to the northerly right of way of Carswell Avenue, which is the point of Beginning of the property described herein. Thence south 80 degrees, 19 minutes west and along the northerly right of way of Carswell Avenue; a distance of 1693 feet; thence north 9 degrees, 41 minutes west with a distance of 1830 feet; thence north 80 degrees, 9 minutes east with a distance of 1693 feet; thence south 9 degrees, 21 minutes east a distance of 1830 to the point of Beginning. This property contains 72.12 acres in Land Lot 170 of the Eighth Land District of Ware County, Georgia. (2) The entire right of way of Carswell Avenue along that portion of Carswell Avenue extending between the tract described in paragraph (1) of this section and the westerly corporate limits of the City of Waycross and the entire right of way of Carswell Avenue along that portion of Carswell Avenue which abuts the tract described in paragraph (1) of this section; (3) To arrive at the beginning point of the herein described tract commence at the point on the northwesterly

Page 4927

right of way of Plant Avenue where the northeasterly city limits of the City of Waycross intersects the right of way of Plant Avenue thence north 40 degrees, 48 minutes east, distance of 864 feet to the point of beginning of the herein described tract which point is north 40 degrees, 48 minutes east, a distance of 3,025 feet from Mile Marker 20 (U.S. Highway 82)); thence in a northwesterly direction along the right of way of Lisbon Drive, a distance of 200 feet; thence in a northeasterly direction, and parallel with the northwesterly right of way of Plant Avenue, a distance of 100 feet; thence in a southerly direction parallel with Lisbon Drive, a distance of 200 feet to Plant Avenue; thence and in a southwesterly direction along the northwesterly right of way of Plant Avenue, a distance of 100 feet to the point or place of beginning, containing all of Lots 12 and 13 of Block A, Satilla Terrace Subdivision, according to Plat Book A, Page 188, in the Office of the Clerk of Ware Superior Court; and (4) The entire right-of-way of Plant Avenue along that portion of Plant Avenue extending between the tract described in paragraph (3) of this section and the northeasterly corporate limits of the City of Waycross, and the entire right-of-way of Plant Avenue along that portion of Plant Avenue which abuts the tract described in paragraph (3) of this section. Section 4. Reserved. Section 5. Reserved. Section 6. (Restatement) Wards abolished. Wards and ward lines, so far as they are at present constituted as political subdivisions of the City of Waycross are abolished. (Ga. L. 1922, p. 1087, Sec. 3) Section 6.1. (Restatement) Election districts. (a) Notwithstanding any other provision of this charter or any amendatory Acts thereto, for the purpose of electing members of the commission of the City of Waycross, the City of Waycross shall be divided into five election districts described as follows:

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Election District 1 Beginning at a point on Isabella Street where it intersects the City Limit line and running North along the City Limit line to its intersection with Carswell Avenue; thence East along Carswell Avenue to its intersection with the railroad tracks at Perham Street; thence running Northwest along the railroad tracks to the intersection with the railroad tracks at Brunswick Avenue; thence running Southeast along said railroad tracks to the intersection of railroad tracks at Tebeau Street; thence running North along railroad track to the intersection of railroad tracks on State Street; thence running Southeast along State Street to Bailey Street; thence running Southwest along Bailey Street to Effie Street; thence running Southeast along Effie Street to Colley Street; thence running Northeast along Colley Street to Quarterman Street; thence running Southeast along Quarterman Street to Tebeau Street; thence running Northeast along Tebeau Street to Preston Street; thence Northwest along Preston Street to Spratt Street; thence running West along Spratt Street to Riverside Avenue; thence running North along Riverside Avenue to Crescent Street; thence running West along Crescent Street to Dorothy Street; thence running North along Dorothy Street to City Limits at Blackshear Avenue then Westerly and Southerly along the City Limits to the point of beginning. Election District 2 Beginning at a point at the intersection of the Dixie Highway and City Boulevard; thence running Southwest along City Boulevard to Marion Street; thence running West along Marion Street to Burgess Street; thence running South along Burgess Street to House Street; thence running West along House Street to Council Street; thence running South along Council Street to Commons Street; thence running West along Commons Street to Blackwell Street; thence running North along Blackwell Street to Cabinet Street; thence running West along Cabinet Street to Emerson Street; thence running North along Emerson Street to Jackson Street; thence running Northwest along Jackson Street to Sweat Street; thence running South along Sweat Street to Walters Street; thence running Southeast along

Page 4929

Walters Street to Greenwood Street; thence running Northeast to Browns Alley; thence running Southeast along Browns Alley to Hamilton Avenue; thence running West along Hamilton Avenue to Gilmore Street; thence running North along Gilmore Street to Chandler Street; thence running East along Chandler Street to Eads Street; thence running Southeast along Eads Street to Lee Avenue; thence running South along Lee Avenue to Congress Street; thence East along Congress Street to Sweat Street; thence running North along Sweat Street to Marion Street; thence running West along Marion Street to Lee Avenue; thence running North along Lee Avenue to Howe Street; thence running West along Howe Street to Gilmore Street; thence running North along Gilmore Street to Pendergast Street; thence running East along Pendergast Street to Lee Avenue; thence running North along Lee Avenue to Williams Street; thence running West along Williams Street and across the railroad crossing to Mary Street; thence running West along Mary Street to Tebeau Street; thence running North along Tebeau Street to the railroad track; thence running Northwest along railroad track to State Street; thence running Southeast along State Street to Bailey Street; thence Southwest along Bailey Street to Effie Street; thence running Southeast along Effie Street to Colley Street; thence running Northeast along Colley Street to Quarterman Street; thence running Southeast along Quarterman Street to Tebeau Street; thence running Southwest along Tebeau Street to State Street; thence running Southeast along State Street to Plant Avenue; thence running Southwest along Plant Avenue to Lee Avenue railroad crossing; thence Southwest across Lee Avenue railroad crossing to Knight Avenue; thence running East along Knight Avenue to Harrison Street; thence running South along Harrison Street to Memorial Drive; thence running Southeast along Memorial Drive to Mays Street; thence running South along Mays Street to Reynolds Street; thence running East along Reynolds Street to Dixie Highway; thence running Southeast to City Boulevard, being the point of beginning. Election District 3 Beginning at a point at the City Limits on Overton Avenue; then running North along Overton Avenue to Lewis

Page 4930

Street; thence running East along Lewis Street to Young Street; thence running North along Youth Street to Hamilton Avenue; thence running East along Hamilton Avenue to Gilmore Street; thence running North along Gilmore Street to Chandler Street; thence running East along Chandler Street to Eads Street; thence running Southeast along Eads Street to the Lee Avenue; thence running South along Lee Avenue to Congress Street; thence East along Congress Street to Sweat Street; thence running North along Sweat Street to Marion Street; thence running West along Marion Street to Lee Avenue; thence running North along Lee Avenue to Howe Street; thence running West along Howe Street to Gilmore Street; thence running North along Gilmore Street to Pendergast Street; thence running East along Pendergast to Lee Avenue; thence running North along Lee Avenue to Williams Street; thence running West along Williams Street and across railroad crossing to Mary Street; thence running West along Mary Street to Tebeau Street; thence running North along Tebeau Street to railroad track at Brunswick Avenue; thence running Northwest along railroad track to intersection of railroad tract at Perham Street if extended; thence running South along said railroad track to Carswell Avenue; thence running West along Carswell Avenue to the City Limits; thence running along the southerly and easterly City Limits to intersection with Overton Avenue, being the point of beginning. Election District 4 Beginning at a point at the City Limits on Seminole Trail; thence running West along Seminole Trail to Danora Drive; thence running North along Danora Drive to East Cherokee Drive; thence running West along East Cherokee Drive to Dean Drive; thence running South along Dean Drive to Seminole Trail; thence running West along Seminole Trail to Cherokee Drive; thence running South along Cherokee Drive to Coral Road; thence running West along Coral Road to Hill Street; thence running South along Hill Street to Euclid Avenue; thence running Northwest along Euclid Avenue to Screven Avenue; thence running Southwest along Screven Avenue to Dewey Street; thence running Northwest along Dewey Street to the railroad track; thence running Southwest along the railroad track to Knight

Page 4931

Avenue; thence running Southeast along Knight Avenue to Harrison Street; thence running South along Harrison Street to Memorial Drive; thence running Southeast along Memorial Drive to Mays Street; thence running South along Mays Street to Reynolds Street; thence running East along Reynolds Street to the Dixie Highway; thence running Southeast along the Dixie Highway to City Boulevard; thence running South along City Boulevard to Marion Street; thence running West along Marion Street to Burgess Street; thence running South along Burgess Street to House Street; thence running West along House Street to Council Street; thence running South along Council Street to Commons Street; thence running West along Commons Street to Blackwell Street; thence running North along Blackwell Street to Cabinet Street; thence running West along Cabinet Street to Emerson Street; thence running North along Emerson Street to Jackson Street; thence running Northwest along Jackson Street to Sweat Street; thence running South along Sweat Street to Walters Street; thence running Southeast along Walters Street to Greenwood Street; thence running Northeast along Greenwood Street to Browns Alley; thence running Southeast along Browns Alley to Hamilton Avenue; thence running West along Hamilton Avenue to Young Street; thence running South along Young Street to Lewis Street; thence running West along Lewis Street to Overton Avenue; thence running South along Overton Avenue to the City Limits; thence running Easterly along the City Limits line to Seminole Trail, being the point or place of beginning. Election District 5 Beginning at a point at the City Limits of Dorothy Street; thence running South along Dorothy Street to Crescent Street; thence running East along Crescent Street to Riverside Avenue; thence running South along Riverside Avenue to Spratt Street; thence running East along Spratt Street to Preston Street; thence Southeast along Preston Street to Tebeau Street; thence running Southwest along Tebeau Street to State Street; thence running Southeast along State Street to Plant Avenue; thence running Southwest along Plant Avenue to the Lee Avenue railroad crossing; thence running Southeast along railroad crossing to its

Page 4932

intersection with the railroad tracks; thence running Northeast along railroad tracks to Dewey Street; thence running Southeast along Dewey Street to Screven Avenue; thence running Northeast along Screven Avenue to Euclid Avenue; thence running East along Euclid Avenue to Hill Street; thence North along Hill Street to Coral Road; thence running East along Coral Road to Cherokee Drive; thence North along Cherokee Drive to Seminole Trail; thence East along Seminole Trail to Dean Drive; thence running North along Dean Drive to East Cherokee Drive; thence running East along East Cherokee Drive to Danora Drive; thence running South along Danora Drive to Seminole Trail; thence running East along Seminole Trail to the City Limits line; thence running North and Northwesterly along the City Limits line to Dorothy Street, being the point of beginning. (b) For the purposes of this section: (1) Whenever the description of any election district refers to a 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. (2) Any part of the City of Waycross which is not included in any election district described in this section shall be included within that election district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia. (Ga. L. 1986, p. 4843, Sec. 1) Section 7. (Revision) Certain offices continued. The board of education, and the office of the city recorder shall continue to exist, with the same powers and duties, and with the same methods of election, as provided by prior law, except as same may be changed in this Act. Section 8. (Revision) Commissioncreated. (a) There is created the commission of the City of Waycross, Georgia, which shall have full power and authority, except as otherwise provided in this Act, to exercise all of the powers conferred upon the city, and except as otherwise prescribed in this Act, or by the general laws or the Constitution of Georgia, the commission of the City of Waycross shall have and possess and shall exercise, subject to the

Page 4933

terms and provisions of this Act, all the authority and powers, executive, administrative, legislative, and judicial, of the city; and the commission of the City of Waycross, subject to the provisions of this Act, by ordinances or resolutions, shall prescribe the manner in which any power of the city shall be exercised. (b) The word `commission' when used in this charter shall refer to the commission of the City of Waycross, Georgia. Section 9. (Revision) Samecomposition, election, etc. Notwithstanding any other provisions of this charter or any amendatory Acts thereto: (1) The commission of the City of Waycross shall be composed of five commissioners elected from the election districts described in Section 6.1 of this Act. Each member shall reside within the election district he represents and each member shall be elected by a majority of the qualified electors voting within each district. Each member of the commission shall, at the time he qualifies to run for office, be a resident of the election district which he seeks to represent, be at least 25 years of age, and be a qualified voter of the City of Waycross. Each member of the commission shall, during his term of office, continue to meet such qualifications. (2) Members of the commission of the City of Waycross who are in office on January 31, 1989, and who represent Election Districts 1, 2, and 3 shall serve until the expiration of the terms to which they were elected. At the city election held in 1989 and at the city election held every four years thereafter, the members of the commission representing Election Districts 1, 2, and 3 shall be elected for terms of office of four years beginning on January 1 following such elections. (3) Members of the commission of the City of Waycross who are in office on January 31, 1989, and who represent Election Districts 4 and 5 shall serve until the expiration of the terms to which they were elected. At the city election held in 1991 and at the city election held every four years thereafter, the members of the commission representing Election Districts 4 and 5 shall be elected for terms of

Page 4934

office of four years beginning on January 1 following such elections. (4) In the event a vacancy occurs on the commission for any reason other than the expiration of the term of office, the commission or those remaining shall order a special election to elect a member to serve for the remainder of the unexpired term. The commissioner elected to fill the vacancy must meet the qualifications set forth in paragraph (1) of this section and shall be elected by a majority of the qualified electors voting within the election district in which the vacancy occurs. 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.' (5) All members of the commission shall serve until their successors are elected and qualified. (6) (A) Except as authorized by law, neither the mayor nor any member of the commission shall hold any other city office or city employment; and neither the mayor nor any member of the commission shall be an employee of Ware County, Georgia, during the term for which elected. (B) Neither the mayor nor any member of the commission shall vote upon or sign any ordinance, resolution, contract, or other matter in which he is personally interested. Section 9.1. (Restatement) Sameelection procedures. Except as provided otherwise, all elections 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,' and the commission shall, by ordinance, prescribe such rules and regulations as it deems appropriate to fulfill any options and duties under that chapter. (Ga. L. 1986, p. 4843, Sec. 1) Section 10. (Restatement) Samedate of election. The general election held in the City of Waycross for the election of members of the city commission and members of the board of

Page 4935

education of the City of Waycross shall be held on the fourth Tuesday in November next preceding the expiration of their several terms. (Ga. L. 1966, p. 3151, Sec. 1) Section 11. (Restatement) Samequalifications. No candidate shall expend or promise any money, employment, or other thing of value in order to secure a nomination or election. No candidate shall be guilty of any fraud, or a breach of the election laws of the State of Georgia, and of the City of Waycross, as they are at present or may hereafter be constituted. A violation of these provisions, or any of them, shall disqualify a candidate from holding office, if elected, and the person receiving the next highest number of votes, who has observed the foregoing conditions shall be entitled to the office. (Ga. L. 1922, p. 1087, Sec. 7; Ga. L. 1986, p. 4843, Sec. 1) Section 12. Reserved. Section 13. (Restatement) Samecompensation. The city commission shall fix the salary of the mayor in an amount not to exceed nine thousand dollars ($9,000.00) per annum. The city commission shall fix the salary of each of the other members of the commission in an amount not to exceed six thousand dollars ($6,000.00) per annum. The salary of the mayor and the other members of the commission as fixed by the commission shall be paid in equal monthly installments from the funds of the City of Waycross. (Ga. L. 1970, p. 2222, Sec. 1; Ord. No. 81-11, Sec. 1, 3-3-81) Section 14. (Restatement) General welfare. Be it further enacted, that said city commission shall have the right and power, in the name and behalf of said city, to make such contracts and do such things as may be necessary or expedient for the peace, good order, health, safety, benefit and general welfare of said city and of the inhabitants thereof; and shall also have the right and power to exercise the full police power of the state within said city, and also to make such rules and regulations, and pass and adopt such by-laws, resolutions and ordinances as may be necessary for carrying out the purposes of the government of said city and conserving, promoting and protecting the welfare, health, morals, peace, advantage and good order of said city and of the inhabitants thereof. (Ga. L. 1915, p. 964, Sec. 7)

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Section 15. (Restatement) Election of mayor; powers and duties. (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 the election for a term of four years and until a successor is elected and qualified. (c) (Qualifications:) (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;

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(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 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) (Effect on quorum; vacancy; mayor pro tempore; salary:) (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 13 of this charter. Such salary shall not be decreased during a term of office.

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(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. (Ga. L. 1988, p. 4178, Sec. 1) Section 16. Reserved. Section 17. (Restatement) Relationship to administrative service. Except for the purpose of inquiry, the commission and its members shall deal with the administrative service through the City Manager, and neither the commission nor any member thereof shall give orders or instructions to any of the subordinates of the City Manager either publicly or privately. (Ga. L. 1922, p. 1087, Sec. 12) Section 18. (Restatement) Commission's procedures. All appointments and elections by the commission shall be viva voce and this vote recorded in the journal of the commission. The commission may determine its own rules of procedure, may punish its members for misconduct, and may compel attendance of its members in such manner and under such penalties as may be prescribed by the commission. It shall keep a journal of its proceedings. A majority of all the members of the commission shall constitute a quorum to do business, but a smaller number may adjourn from time to time. The affirmative vote of at least three members of the commission shall be necessary for the election of any officer, or the removal of any officer, or the passage of any ordinance or resolution. Upon request of any Commissioner, the votes of all Commissioners upon any question shall be recorded upon the journal. No person elected to the commission shall, during the term for which said person was elected, be elected to any other position or office of trust or profit under the city government. Except as changed or modified by the terms of this Act, all rules of procedure now in force with reference to the handling of business and passage of ordinances by the Mayor and commission under the present charter, shall continue of force until changed or modified by the commission. (Ga. L. 1922, p. 1087, Sec. 13) Section 19. (Restatement) Oath of office. Prior to taking office, each commissioner shall take and subscribe the following oath which shall be administered by any person qualified to administer oaths:

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`I do solemnly swear that I will faithfully demean myself as a commissioner of the City of Waycross and that I have and will continue to uphold the laws of the City of Waycross, the State of Georgia, and the United States of America. I do further swear that I will discharge my duties as commissioner without the influence of fear, favor, affection, or reward or the hope thereof, but in all things pertaining to said office, I will be wholly governed by my convictions as to the public good. So help me God.' (Ga. L. 1922, p. 1087, Sec. 30; Ga. L. 1986, p. 4843, Sec. 2) Section 20. (Revision) Election of manager. The commission shall elect a city manager for an indefinite term. The city manager shall be subject to removal at any time by majority vote of the commission. His term of office shall expire, however, with the expiration of the term of office of the commission which elected him. Section 21. (Restatement) Commission meetings. On the first Tuesday in January in each year next following the regular municipal election at which the Commissioners are elected, the commission shall meet at the usual place for holding meetings of the legislative body of the city, at which time the newly elected Commissioners shall assume the duties of their office. Thereafter the commission shall meet at such time as may be prescribed by ordinance or resolution; provided, that it shall hold at least two regular meetings each month. The Mayor of the commission, any member thereof, or the City Manager, may call special meetings of the commission at any time upon at least twelve hours written notice to each member, served personally or left at the usual place of business or residence of such Commissioner; or such meetings may be held at any time without notice provided all members of the commission attend. All meetings of the commission shall be public and any citizen may have access to the minutes and records thereof at all reasonable times. (Ga. L. 1922, p. 1087, Sec. 15) Section 22. (Restatement) Absence of commissioner. Absence of any member of said commission from four consecutive regular meetings thereof shall operate to vacate the seat of said Commissioner so absent, unless the absence is excused for

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legitimate cause by the commission by resolution setting forth the reason thereof and entered upon the journal. (Ga. L. 1922, p. 1087, Sec. 16) Section 23. (Restatement) Legislation generally. All ordinances and resolutions shall be passed under the same rules and regulations now of force under the present charter of the City of Waycross, except as same may be changed or modified by the terms of this Act, or may be hereafter changed or modified by the commission. The ayes and nays shall be taken upon the passage of all ordinances and resolutions, and shall be entered on the journal of the commission and every ordinance and resolution shall require on final passage the affirmative vote of at least three members of said commission. No member shall be excused from voting except on matters involving the consideration of the official conduct of such member or when the financial interests of such member are involved. (Ga. L. 1922, p. 1087, Sec. 17) Section 24. (Restatement) Ordaining clause. The enacting clause of all ordinances passed by the commission shall be: Be it ordained by the commission of the City of Waycross. (Ga. L. 1922, p. 1087, Sec. 34) Section 25. (Restatement) Managergenerally. The city manager shall be the administrative head of the city government. Such manager shall be chosen without regard to political beliefs, and solely upon the basis of the executive and administrative ability of such person. He shall be a competent business man of good character and recognized ability. A choice shall not be limited to inhabitants of the city or State, and shall not be less than 25 years of age at the time of his first election. The salary of the city manager shall be fixed by resolution of the commission of the City of Waycross. The city manager shall be appointed for an indefinite period and shall serve at the pleasure of the commission, subject to removal by them at any time. During the temporary absence or

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disability of the city manager, the commission may designate some properly qualified person to discharge his duties. Should the position of city manager become vacant for any reason, the commission may appoint some properly qualified person as acting city manager for a period of not more than six months, which said person shall not be eligible for reappointment as acting city manager. The compensation of the acting city manager shall be fixed by resolution of the commission of the City of Waycross and shall be paid by the City of Waycross from the general funds of said city, in the same manner that other salaries of city officers are paid. No member of the commission shall be eligible for appointment as city manager or as acting city manager during any term for which he was elected a Commissioner, nor for two years thereafter. (Ga. L. 1965, p. 2200, Sec. 1) Section 26. (Restatement) Sameduties, bond. The City Manager must devote all of his working time and attention to the affairs of the city, and shall be directly responsible to the commission for the efficient and businesslike administration of all the affairs of the city. He shall give bond for the faithful performance of his duties in some bonding company to be approved by the commission in such amount as the commission may deem best. The premiums on said bond shall be paid by the city. The City Manager shall have power and it shall be his duty: (a) To see that all laws and ordinances of the city are enforced. (b) To appoint the heads of all the departments of the city government, subject to the confirmation of the commission except those whose election is specifically vested in said commission to appoint and employ, with the advice of the heads of the several departments of the city government, all other necessary employees of the city. The power to appoint the necessary employees of the city shall be vested in the City Manager, but he shall advise with the heads of the several departments in making such appointments. (c) To remove the heads of the departments appointed by him without the consent of the commission, but he shall be

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required to state in writing to the commission the reason and causes for such removal; to remove all other city employees appointed by him without assigning reason to the commission. In removing subordinate employees, the City Manager shall confer with the head of the department under whom the said employee works, and shall so far as possible act through said department head, but the final power to remove shall be vested in the City Manager. (d) To exercise supervision and control of all departments and divisions created herein, or that may be hereafter created by the commission, except as otherwise provided in this Act. Nothing herein shall be construed to vest any power of control or supervision in the City Manager over those departments of the city government not included in this Act, among which are the Board of Education and the Park and Tree Commission and the Sinking Fund Commission, except such powers of supervision as are exercised by the Mayor and Board of Aldermen under the present charter. (e) To attend all meetings of the commission, with the right to take part in the discussion, but having no vote. The City Manager shall have right to notice of all special meetings of the commission. (f) To recommend to the commission the adoption of such measures as he may deem necessary or expedient. (g) To see that all the terms and conditions imposed in favor of the city or its inhabitants in any public utility franchise are faithfully kept and performed, and upon knowledge of any violations thereof call the same to the attention of the city attorney, whose duty it shall be to forthwith take such steps as may be necessary to protect and enforce the same. (h) To make and execute all lawful contracts on behalf of the city with the approval of the commission, except such as may otherwise be provided by law, or by ordinance passed by the commission. No contract, purchase or obligation involving more than one hundred dollars shall be binding until and after approval by the commission.

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(i) To act as Budget Commissioner and as such to prepare and submit to the commission prior to the beginning of each fiscal year, a budget of proposed expenditures for the ensuing year, showing in as much detail as practicable the amounts allotted to each department of the city government and the reason for such estimated expenditures, and also the estimated revenues for said year. (j) To keep the commission at all times fully advised as to the financial condition and the needs of the city. (k) To make a full written report to the commission on the first of each month, showing the operations and expenditures of each department of the city government for the preceding month. A synopsis of such reports may, in the discretion of the commission, be published each month. (l) To fix all salaries and compensation of department heads, and all other city employees, not otherwise provided for in this Act, subject to the supervision, control, or disapproval of the commission. (m) To perform all such other duties as may be prescribed by this Act or required of the City Manager by ordinance or regulation of the commission. (n) To act as the executive and administrative head of the city government in all its affairs. (Ga. L. 1922, p. 1087, Sec. 19; Ga. L. 1986, p. 3899, Sec. 1) Section 27. (Restatement) Sameappoint clerk. The city manager shall appoint the city clerk, subject to the approval of the commission. The city clerk shall serve at the pleasure of the city manager. (Ga. L. 1966, p. 2759, Sec. 1) Section 28. (Restatement) Municipal departments. The business affairs of the City of Waycross and the administration of the same are hereby divided into the following departments: (a) Police Department, which shall have control of the patrolmen, policemen, watchmen and other officers and employees constituting the police force of the city.

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(b) Fire Department, which shall have control of the firemen and other officers, and employees constituting the fire force of the city. (c) Department of Public Works, which shall have control of the streets, lanes, culverts, bridges, trash and sanitary carts, and the public property of the city, and of all public works, and of the officers and employees engaged and employed in said department. (d) Waterworks Department, which shall have charge of the waterworks of the said city, and of the water mains, sewers and drains and other property in connection therewith, and of the officers and employees engaged and employed by said department. (e) Health Department, which shall have control of the sanitary inspection of the city, isolation and quarantine matters, abatement and suppression of nuisance, inspection of meats and slaughter pens, butter shops, dairies, dairy products, foods, food stuffs, fruits, vegetables, etc., as well as stores, shops and other places where foods, meats, provisions, etc., are stored, and also of other sanitary matters and vital statistics, as well as of the officers and employees engaged and employed in said department. (f) Department of Finance, which shall include the office of city clerk and which shall have control of the keeping and supervision of the books, records and accounts of the city, the preparation and keeping of the tax digest of the city, and the collection of taxes and other monies due the city, the issuing of license and the collection of license fees, the collection of assessments and other financial matters and affairs of the city and also of the officers and employees engaged and employed in said departments. (Ga. L. 1966, p. 2759, Sec. 2) Section 29. (Restatement) Departmental changes. The commission may by ordinances add any additional functions and duties to any of the above departments and may create new and additional departments, and may combine any of the departments above named and the duties and functions thereof; and may change any powers, duties and functions of any of the departments to another department, and may create such officers

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in any of the departments as may be deemed necessary, and shall make such rules and regulations in regard to the said departments as may be deemed wise and expedient for the economies and efficient administration of the affairs of the city. (Ga. L. 1922, p. 1087, Sec. 21) Section 30. (Restatement) Appointment of attorney, physician, sinking fund commission. The commission shall appoint, elect and fix the compensation of a city attorney and a city physician, and also the Sinking Fund Commission. These officers shall be elected by the commission at its organization meeting, or as soon thereafter as possible, and shall hold office for the term of one year, subject to removal at any time at the pleasure of the commission, except the Sinking Fund Commission, which shall hold office and be selected as provided in the present charter. These officers shall continue to perform the duties provided by the present charter and ordinances until the same shall be changed by the commission. The commission may in its discretion combine the duties of any two or more offices. In cases where the duties of two or more officers are now combined under the existing charter and ordinances in one officer, that officer shall continue to exercise the duties conferred upon him, until a change is made by the commission. The city clerk shall continue to exercise the various duties conferred upon him by the present charter and ordinances, except as changed by this Act until the same shall be changed by the commission. (Ga. L. 1922, p. 1087, Sec. 22; Ga. L. 1966, p. 2759, Sec. 3) Section 31. (Revision) Purchasing procedures. The commission of the City of Waycross shall by ordinance prescribe procedures for a system of centralized purchasing for the city. Section 32. (Restatement) Conflict of interests. No member of the city commission, the City Manager, or any other officer or employee of the city shall directly or indirectly be interested in any contract job, work or service with or for the city, nor in the profits of emoluments thereof, nor in the expenditure of any money on the part of the city other than the fixed compensation of such officer, and any contract with the city in which any such officer or employee is or becomes interested may be declared void by the commission. (Ga. L. 1922, p. 1087, Sec. 24)

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Section 33. (Restatement) Gratuities restricted; political activities. No member of the city commission, the City Manager, or other officer or employee of the city, shall knowingly accept any gift, frank, free ticket, or pass from any person, firm or corporation operating a public utility or engaged in a business of a public nature within the city, or from any person known to be endeavoring to secure contract with the city. But this provision shall not apply to the transportation of policemen or firemen in uniform or wearing their official badges, nor to admission of policemen in uniform to places of public amusement for the purpose of enforcing the laws or making inspections. Neither the City Manager, nor any person in the employ of the city shall take any part in securing, or contribute any work or efforts or money towards the nomination or election of any candidates for the office of Commissioner, except to answer such direct questions as may be asked him and which he desires to answer. Nor shall any city employee take any part whatever in securing the election of a City Manager by the city commission by the use of influence or effort of any kind. (Ga. L. 1922, p. 1087, Sec. 25) Section 34. (Restatement) Removal from office. A violation of the last two preceding sections shall subject the offender to removal from office. (Ga. L. 1922, p. 1087, Sec. 26) Section 35. (Restatement) Investigative authority. The commission herein created, or any committee thereof, shall have power at any time to investigate the affairs of any department of the city government, or the conduct of any officer or employee thereof; and for such purpose shall have the power to compel the attendance of witnesses, and the production of books, papers and other documents; and for that purpose shall have the power to issue subpoenas, which shall be signed by the Mayor, or members of the commission making such investigation. The authority making such investigation shall also have power to cause the testimony to be given under oath. If any person so subpoenaed shall fail or refuse to answer questions propounded, or shall fail or refuse to produce any such books, papers or records, such person shall be cited by the commission, or committee thereof conducting the investigation, to appear before the Ordinary of the county, who shall hear in a

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summary way the reasons and excuses of such person for such failure or refusal, and the Ordinary shall have power to impose such punishment as for a contempt as he may see proper, not to exceed a fine of one hundred dollars or imprisonment not to exceed ten days, or both in the discretion of the court. (Ga. L. 1922, p. 1087, Sec. 31) Section 36. (Restatement) Audits. The books and records of the city shall be audited by a competent auditor or accountant at least once each six months. The commission may in its discretion provide for such additional audits as it may deem best. Written reports of their findings shall be submitted to the commission by the auditors or accountants. The expenses of the accountant or auditor shall be paid out of the city funds. (Ga. L. 1922, p. 1087, Sec. 32) Section 37. (Restatement) Budget generally. The commission shall administer the affairs of the city through a budget system. At the beginning of each fiscal year the City Manager shall prepare and submit to the commission for its approval a budget of estimated expenses of each department, and the reasons therefor, and of the estimated resources of the city. The commission shall make such changes as it deems necessary and proper in said budget, and then adopt same for the guidance of the City Manager and itself in the financial affairs of the city. The City Manager must present good and valid reason to the commission before exceeding the amount allotted to any department, and shall not exceed the allotment of any department without express approval of the commission. The funds allotted to one department, shall not be diverted or used in any other department without express consent and approval of the commission, with good reason shown therefor. At least seven (7) days prior to the presentation of the budget to the Commission, the City Manager shall conduct a public hearing on the proposed budget. Notice of the public hearing shall be published in the official organ of Ware County, Georgia, at least ten (10) days prior to said hearing. After the proposed budget shall have been submitted to the Commission, and before its adoption, the Commission shall conduct a public hearing thereon. Notice of the public hearing by the Commission shall be published in the official organ of Ware County, Georgia, at least ten (10) days prior to said hearing. (Ga. L. 1922, p. 1087, Sec. 35; Ord. No. 77-8, Sec. 1,9-6-77)

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Section 38. (Restatement) Public improvements generally. Be it further enacted, that said city commission shall have power and authority to open, lay out, widen, grade, straighten, vacate, close, abolish, curb, pave, drain, alter, or otherwise change and keep in good order and repair, renew and repave the streets, alleys, lanes, bridges, sidewalks, crossways, drains and gutters within the limits of said city, and to improve and light the same and keep them free from obstructions for the use of the public or of any of the citizens of said city; to regulate the width of sidewalks and other streets; to compel the owners or lessees of property to pave, repair, renew, and repave the streets and put down, repair and renew curbing and sidewalks along the same under the direction of the proper officers or committee of said city; and said city and the city commission thereof are hereby expressly authorized and empowered to drain, grade, pave, macadamize, repair, renew and repave and improve the public streets, alleys and lanes and sidewalks of said city, and to put down, repair, and renew curbing, side drains, crossdrains, crossings and other improvements thereon; and to charge, assess and collect the expense thereof as provided by the Act of the General Assembly of Georgia amending the charter of the City of Waycross, approved the 22nd day of August, 1905, providing for paving and improving the streets, alleys, sidewalks, etc., in said city, and assessing the cost thereof, etc., except that where executions are issued they shall be signed and issued by the clerk of the council, instead of the city treasurer. The method provided in said Act approved August 22nd, 1905, as aforesaid, is hereby made available for and applicable to renewing, repairing and repaving the streets, alleys, sidewalks, curbing, crossdrains and crossings of said city, and the city commission of said city is hereby authorized and empowered to use said method for said purposes whenever, in its discretion, it shall deem such work or improvement necessary. Likewise, said city commission may cause the owners and occupants of property abutting on the public streets of the city to put out suitable shade trees along the streets and sidewalks in front of their property; and in the event such persons fail or refuse to put out such shade trees within ten days after being notified to do so, said city commission, through its appropriate committee or officer may set out shade trees of a suitable variety along the public streets and sidewalks of the city in front of said property, and charge and assess the expense of same against such real estate in front of which said trees are so set out and against the owner or owners thereof, and in the event the

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bills for said trees and expense of setting them out are not promptly paid, executions may be issued against the real estate so assessed and against the owner thereof and levied and collected as provided by the aforesaid Act amending the charter of the City of Waycross by providing for the paving and improving of streets, etc., approved August 22nd, 1905. (Ga. L. 1909, p. 1456, Sec. 20; Ga. L. 1915, p. 964, Sec. 7) Section 39. (Restatement) Police powers generally. Be it further enacted, that said city commission shall have full power also to protect places of worship; to provide cemeteries and places for the burial of the dead, whether within or without the city limits, and to regulate interments therein, and to provide by ordinance for the protection and care of such cemeteries and burial places and to fix penalties for the violation of the provisions of such ordinances; to abate or cause to be abated, anything which, in their opinion, is a nuisance or source of disease, disorder or annoyance; to regulate privies and water closets; and also the keeping of gun powder, dynamite, gasoline, benzine and other combustibles; to regulate the sale of ice and milk, and to provide for the inspection of the same; to regulate or prohibit the shooting or explosion of fireworks; to make regulations for guarding against fires; to provide for fire escapes in all buildings three or more stories in height; to establish fire limits and prescribe the material out of which buildings shall be constructed therein, by ordinance, and from time to time to enlarge and restrict the same, and to provide penalties for violating the provisions of such fire limits ordinances; to regulate or prohibit the running at large within the limits of said city of horses, mules, cows, goats, sheep, cattle, hogs or other animals, and to take up and impound the same; and to regulate and control the keeping of dogs within the city and to provide for a tax on dogs and for taking up and impounding them; to prohibit disorderly and bawdy houses; and to adopt all other regulations and ordinances necessary or expedient for providing for the public safety, welfare, health and morals of the city and its inhabitants. (Ga. L. 1909, p. 1456, Sec. 21; Ga. L. 1915, p. 964, Sec. 7) Section 40. (Restatement) Liquor control. Be it further enacted: 1. That said city commission, in the event the present liquor prohibition Act of the General Assembly, approved

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August 6th, 1907, should ever be repealed, shall have the sole and exclusive power and authority to regulate the sale of spirituous liquors, wines, malt and intoxicating liquors of every kind whatever in said city; to grant license for the sale of the same, and to fix the price for the said license; provided, the same shall not be less than the sum of five thousand ($5,000) dollars; to establish such regulations and restrictions for the sale of the same as they may see proper, and to impose penalties upon persons selling such liquors without license or for violating any of the city ordinances regulating the sale of same. 2. That said city commission shall have power to license and regulate the sale of `Near Beer,' `Malt Mead,' `Acme Brew,' `Bud,' and similar beverages and any other imitation of or substitutes for beer or malt or other liquors, which are not intoxicating, or else to prohibit same entirely, should they deem such prohibition expedient or advisable in their discretion. 3. That said city commission may provide by ordinance against what are known as `blind tigers,' or persons engaged in the clandestine sale of spirituous, malt and intoxicating liquors, and for the punishment of those who may make such sales. (Ga. L. 1909, p. 1456, Sec. 22; Ga. L. 1915, p. 964, Sec. 7) Section 41. (Restatement) Eminent domain. Be it further enacted, that the City of Waycross is hereby granted the power of eminent domain, and the city commission is hereby authorized and empowered to condemn lands within or without its corporate limits for the erection of public buildings for said city for public parks, water supply, sewers, crematories, farms for handling and disposing of sewerage, and for other public purposes and improvements, as provided by the Act of the General Assembly providing a uniform method of exercising the right of condemning, taking or damaging private property, approved December 18th, 1894, as found in Sections 4657 to 4686 inclusive, of Volume 2 of the Code of Georgia of 1895, and any Acts of the Legislature amendatory thereof; and they are also authorized similarly to take and condemn personal property in the same manner when needed for public purposes of the city. (Ga. L. 1909, p. 1456, Sec. 23; Ga. L. 1915, p. 964, Sec. 7)

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Section 42. (Restatement) Public utilities. Be it further enacted, that said city commission of said City of Waycross shall have the right and authority to construct, own, use and operate for municipal purposes and for the use and benefit of the inhabitants of said city, and for profit, a system of waterworks, a system of electric lights, a system of gasworks, a system of street railway, a telephone system and exchange, and other public utilitiesany one, more, or all as, and whenever it may consider it expedient; to make rules and regulations regarding the use of same, and fixing prices and rates; and to provide by ordinance for the punishment of those who illegally use water, electricity or gas, or service from such public works, or who illegally divert such gas, water or electricity from their proper channels of transmission. When consumers of such water, electricity, or gas, so furnished by the city, shall fail to pay for same promptly, when due, said city commission is hereby authorized to cause executions to be issued in favor of said city against delinquent consumers for the amount of such unpaid bills, which shall be enforced and levied as in cases of other executions running in favor of the city, and also to cut off the supply until the bills are paideither method, or both, at its option; and in the event such supply is cut off, it may provide for the payment of a reasonable fee for turning same on again. (Ga. L. 1909, p. 1456, Sec. 24; Ga. L. 1915, p. 964, Sec. 7) Section 43. Reserved. Section 44. Reserved. Section 45. (Restatement) Appropriations for incidental benefits. Be it further enacted, that said city commission is hereby authorized, in its discretion, to make appropriations and payments from the general funds of the city for the purpose of soliciting and entertaining public conventions, conferences and meetings of all kinds of societies attended by delegates from other places, and any hall or auditorium belonging to the city may be used free for such purposes; and also to make appropriations and payments from the general funds of the city 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 for making contributions to any board of trade or chamber of commerce, or like body in said city, which may have for its object any of the above stated

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public purposes; and also to make payment from the general revenues and funds of the city for the support of public hospitals, libraries, charities and other eleemosynary institutions in the city, and also of a military company in said city. (Ga. L. 1909, p. 1456, Sec. 28; Ga. L. 1915, p. 964, Sec. 7) Section 46. (Restatement) Municipal bonds. Be it further enacted, that said city commission be, and it is hereby, authorized and empowered to issue bonds for and in the name of said city for any of the following purposes, to-wit: For building and equipping public school buildings; extending and improving the water works and sewerage and drainage systems of the city, and laying water mains and sewers; paving, macadamizing, repairing, repaving and improving the public streets, highways, and lanes and alleys and crossings of the city; building and installing one or more crematories within or without the city; constructing and installing and improving or extending an electric light and power plant, or a gas plant, either or both, for the purpose of furnishing said city and its inhabitants with light and power; and also a street railway system; and also for providing said city with any other public utility that the city council may consider desirable or expedient; and further, for the purpose of building a city hall, a public auditorium, an armory, and any other public buildings and works and making any other public improvements that may be needed for the city; and for any and all other governmental, municipal and public purposes. Before any bonds of said city shall be issued for any of the foregoing purposes, said city commission shall, by appropriate resolution or ordinance, direct and provide that such bonds shall be issued and shall specify the purpose and amount thereof, the rate of interest they are to bear, how much principal and interest to be paid annually, when to be fully paid off, the place of payment, and other terms and details thereof (all of which provisions said city commission shall have the right to fix and determine according to its best discretion); and shall also in said ordinance or resolution call and provide for the holding of an election on the subject and for published notice thereof as provided by the Constitution and laws of the State. Such an election or elections may be called at any time or times, or from time to time, for issuing bonds for any one or more or all of the before stated purposes, as deemed expedient by said city commission; provided, always, that the limit of the total bonded indebtedness of said city, as fixed by the Constitution of the State, shall never be exceeded. Should two-thirds of the qualified

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voters of the city vote in favor of issuing bonds at any election called by such city commission, as hereinbefore provided, then and in such event said city commission shall at and before the time of issuing the bonds authorized by such election, provide for the assessment, levy and collection during the life of said bonds of an annual tax upon all the property in said city, subject to taxation, sufficient in amount to pay the principal and interest of such bonds. Any and all of the bonds and series of bonds issued by the city under the provisions of this charter shall become obligatory and binding upon said city and its taxpayers, with all the qualities of commercial paper; and all bonds heretofore issued by said municipal corporation shall likewise be binding upon the City of Waycross. Said city commission is hereby authorized to negotiate and sell any of the bonds or series of bonds issued by said city, and the proceeds of such bonds when sold, shall only be applied for the purpose or purposes for which they are respectively issued. (Ga. L. 1909, p. 1456, Sec. 30; Ga. L. 1915, p. 964, Sec. 7) Section 47. (Restatement) Sinking fund. Be it further enacted, that whenever any bonds are issued by the city, it shall be the duty of the city commission to provide a sinking fund to pay off the principal of such bonds or series of bonds at their maturity. The city commission of said city is hereby required and empowered, for the purpose of paying the principal and interest (either or both) of the bonded debt already created or that may hereafter be created by the City of Waycross and taking care of and handling and investing the sinking fund provided and raised by the city for the payment of its bonds at maturity respectively, to create a board of commissioners to be known as the `Sinking Fund Commission of the City of Waycross,' and to provide for the number of persons who shall compose said Commission, and for their election or appointment, their qualification, terms of office, compensation (if any), duties and powers, and to make all needful rules and regulations for the government of said commission and the management of said sinking fund. (Ga. L. 1909, p. 1456, Sec. 31; Ga. L. 1915, p. 964, Sec. 7) Section 48. (Restatement) Water supply. Be it further enacted, that it shall be the duty of the city commission, or of the appropriate committee or board or department having same in charge, to see that a full supply of fresh, pure water is furnished to citizens of the city, and that the water supply is adequate for

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fire protection; to adopt such rules and regulations as may be necessary for the maintenance and government of said waterworks system; to lay out, construct, repair, or alter existing water mains and pipes, as may be necessary; to provide proper pumps, pumping stations, reservoirs, filters, etc., as may be required; to fix the water rates for different consumers, properly classifying the same with reference to the amount of water consumed, so that each class may be treated alike; to make regulations governing the use and supply of water and to provide for the protection of the waterworks system and of the mains and pipes, and of the water supply; and similarly, in the event said city installs and operates an electric light and power plant, or gas plant, either or both, it shall be the duty of said city commission, or its appropriate committee or board, or department having same in charge, to see that abundant lights shall be supplied to the city and its inhabitants for the purpose of adequately lighting the streets and public places of the city and furnishing lights to the halls, theatres, stores, residences and other consumers in said city; to adopt such rules and regulations as may be necessary for the maintenance and government of such system; to fix rates for different consumers, properly classifying the same with reference to the amount consumed so that each class shall be treated alike; to regulate the installation of wires and other appliances for the use of the electric current in any form, and to regulate the piping of houses for gas and transmission of gas in the city; to see that all electric wires are properly installed, insulated and properly protected so as to safeguard the lives and the property of the public; to make such other regulations governing such electric and gas systems, and the transmission of gas and of the electric current as may be proper and expedient. (Ga. L. 1909, p. 1456, Sec. 32) Section 49. (Restatement) Drainage, sewerage to be provided. Be it further enacted, that it shall be the duty of the city commission, or of the appropriate committee or board or department having same in charge, to see that the drainage and sewerage systems of the city are adequate and sufficient, and that the sewerage systems of the city be extended as rapidly as possible so as to cover all parts of the city; to provide proper regulations for making connections with the sewers and for flushing same, and to make it compulsory upon people of the city where sewers are constructed to connect with such sewers; and to provide for the protection, operation and extension of the sewer

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system of the city; to see that the streets, lanes, alleys, and public places of the city and the premises of the citizens thereof are kept clean; to provide for the removal of garbage, nightsoil and other refuse, and for the operation of crematories (should same be installed), and for keeping the city in a perfectly sanitary condition in all respects; and to provide adequate penalties for the violation of any of the sanitary rules and regulations of the city; also to cause the owners of lots and parcels of land in said city to drain the same or to fill same to the level of the streets or lands upon which they front, and to drain any pool of water therefrom; also to compel the owner or owners of cellars or dry wells holding water to drain and fill up the same, and in case the owner or owners of such lots of land or cellars or unused wells shall fail or refuse to drain or fill same, it shall be lawful for the city commission to cause same to be done, and to cause an execution to be issued against the owner of said property and against said property for the expense thereof; also to appoint a sanitary inspector or inspectors who shall perform such duties and be clothed with such powers as may be prescribed by the city commission, in order that the city may be kept in a sanitary condition, and that the sanitary regulations may be properly enforced; and said city may provide by ordinance for appropriate penalties for the punishment of any persons, firms or corporations who shall violate any of the sanitary rules and regulations of the city. (Ga. L. 1909, p. 1456, Sec. 33) Section 50. (Restatement) Quarantine. Be it further enacted, that said city commission shall have full power and authority to provide quarantine regulations and to establish a quarantine against any place, person or district in order to guard against the introduction of any contagious or infectious diseases; to provide that all persons coming into or passing through the city shall show a proper health certificate; to enforce all quarantine regulations by sufficient penalties; also to provide for the frequent and compulsory vaccination of all persons in said city, to provide that school children shall be successfully vaccinated before being allowed to enter the public schools of said city, and to provide and enforce suitable and adequate penalties against any and all persons who shall refuse to submit to vaccination in accordance with the rules and regulations governing the matter. They shall also have authority to provide for the isolation of those affected with or exposed to contagious or infectious diseases, and to establish and maintain pest houses, and to

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provide for the confinement of persons having such diseases therein and for rules governing the same, and to enforce such rules by appropriate penalties. (Ga. L. 1909, p. 1456, Sec. 34; Ga. L. 1915, p. 964, Sec. 7) Section 51. (Revision) Ad valorem tax, purposes. The commission of the City of Waycross may assess, levy and collect 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 commission of the City of Waycross in its discretion. Section 52. (Revision) Ad valorem taxes, due dates. The commission of the City of Waycross, 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 commission of the City of Waycross, 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 53. (Revision) Occupational and business taxes. The commission of the City of Waycross, by ordinance, shall have the power to levy such occupational and 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 commission of the City of Waycross may classify businesses, occupations, professions, or callings for the purposes of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 58 of this Act. Section 54. (Revision) Franchises. The commission of the City of Waycross, by ordinance, shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railroads, telephone companies, electric companies, cable television companies, gas companies,

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transportation companies, and other similar organizations. The commission of the City of Waycross 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 commission of the City of Waycross shall provide for the registration of all franchises with the city clerk in a registration book kept by him. The commission of the City of Waycross may provide, by ordinance, for the registration within a reasonable time of all franchises previously granted. Section 55. (Revision) Service fees. The commission of the City of Waycross, 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 of Waycross 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 58 of this Act. Section 56. (Revision) Special assessments. The commission of the City of Waycross, 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 58 of this Act. Section 57. (Revision) Construction, other taxes. The City of Waycross shall have the power to levy any other tax allowed, now or hereafter, by law, and the specific mention of any right, power, or authority in this charter shall not be construed as limiting in any way the general powers of the city to govern its local affairs. Section 58. (Revision) Collection of delinquent taxes and fees. The commission of the City of Waycross, by ordinance, may provide generally for the collection of delinquent taxes or any other revenue due the city under Sections 51 through 57 of this Act by whatever reasonable means as are not precluded by law.

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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 for fees; and providing for the assignment or transfer of tax executions. Section 59. (Revision) Police court. A police court is hereby created and established in said city, and same is hereby clothed with all such powers as are inherent in courts generally and as usually belong to municipal and corporation courts, as well as those hereinafter more particularly set forth. Said police court shall be held and conducted in such manner and at such place and such times as the city commission shall prescribe by ordinance, or as may be necessitated by the emergencies of the case. Said police court shall have jurisdiction to try and determine all offenses against the laws and ordinances of the city committed within the jurisdictional limits of the city, and upon conviction to punish the offenders for the violation of such laws and ordinances by imposing such fines and sentences, and inflicting such punishment as shall be prescribed by the provisions of this Act and the ordinances and resolutions adopted in pursuance thereof; also to forfeit all appearance bonds and recognizances returnable to said court and to hear, try and determine all issues made therein and to render judgment on the same; and also to try all nuisances and questions arising in reference thereto and to grant judgments for the abatement of the same and for the removal thereof. (1) (A) No person shall be eligible to the office of recorder unless he shall be, at the time of his qualification, at least 21 years of age, shall have resided in the City of Waycross not less than two years next preceding his election, and shall be a practicing attorney at law in good standing. (B) Said recorder shall preside as judge in the police court established in the city and try and determine all cases therein, without a jury. He shall be clothed with all the powers as judge of said court as set forth in the charter and as provided by law.

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(C) Before entering upon his duties of office he shall take and subscribe the following oath, which shall be entered upon the minutes of the commission: `I solemnly swear that I will uprightly demean myself as recorder of the City of Waycross and that I will faithfully and impartially discharge all the duties incumbent on me as presiding judge of the police court of said city, according to my best ability and understanding, and agreeably to the laws and Constitution of the United States and the charter and ordinances of the City of Waycross, so help me God.' (D) The recorder shall hold court at stated hours daily, Sundays excepted, or as often as the exigencies of the business may demand. In case the recorder is absent from the city, sick, disqualified, or for other cause is unable to hold court, the mayor or any commissioner of the city may preside and act as judge of said court in his place and while so doing shall be clothed with all the rights and powers of such recorder. (E) The recorder may be removed from office by the commission for cause to be judged of by them in the manner now provided for the impeachment and removal from office of the mayor, commissioners, and other officers of said city. (F) The recorder of the City of Waycross shall be elected by the commission of the City of Waycross in the same manner and at the same time as the city manager and other officers are now elected, for a term of one year. (G) In case a vacancy shall occur in the office of the recorder of the City of Waycross from any cause, such vacancy shall be filled by election by the commission of the City of Waycross. (2) The recorder shall be, to all intents and purposes, a justice of the peace, and shall be authorized and empowered to issue warrants for offenses committed within the jurisdiction

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of the City of Waycross for police purposes, against the penal laws of the state, this either before or after the hearing or trial of the charge in said police court, and consequently where, in the course of an investigation of a matter in said police court, it shall appear that the penal laws of the state have been violated, it shall be the duty of the recorder to bind over the offender to the proper court having jurisdiction of such matters in said County of Ware; and to that end the recorder shall have the power and authority to commit such offender or offenders to the county jail of said county or admit them to bail, in bailable cases, for their appearance at the next term of a court of competent jurisdiction to be held in and for said county. (3) The recorder or other presiding judge of said police court shall have the power to impose fines and inflict punishments after conviction upon all violators of the laws and ordinances of said city by fine not to exceed $1,000.00, or by labor on the streets or public works of said city under the control and direction of the proper officers, not to exceed six months, or by confinement in the city jail not to exceed six months, either one or more or all, in the discretion of the recorder or other police court judge trying the case, and all sentences may be in the alternative and fines may be imposed with the alternative of either or both of the other punishments in the event the fines are not paid. Upon failure or refusal of any person to pay promptly any fine or costs imposed by said police court, the same may be enforced and collected by an execution issued and directed as is provided for the issuance and collection of tax executions by the city and levies may be made and sales thereunder may be conducted in the same way, this method being cumulative and to be used at the option of the commission of the City of Waycross. (4) (A) The mayor or other police court judge when sitting or proceeding in such police court shall have the authority to issue attachment and inflict summary punishment for contempt of court in cases of: (i) Misbehavior of any person or persons in the presence of such court or so near thereto as to obstruct the administration of justice;

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(ii) Misbehavior of any of the officers of the court in their official transactions; or (iii) Disobedience or resistance of any officer of the court, party, juror, witness, or other person or persons to any lawful writ, processed order, rule, decree, or command of the court. (B) The recorder or other presiding judge of said police court shall have the power and authority to punish for contempt by fine not to exceed $1,000.00, or confinement in the city jail not to exceed six months, either one or more or all, in the discretion of the recorder or other police court judge trying the case, and all sentences may be in the alternative and fines may be imposed with the alternative of either or both of the other punishments in the event that the fines are not paid. Upon failure or refusal of any person to pay promptly any fine or cost imposed by said recorder or other presiding judge, the same may be enforced and collected by an execution issued and directed as is provided for the issuance and collection of tax executions by the city and levies may be made and sales thereunder may be conducted in the same way, this method being cumulative and to be used at the option of the commission of the City of Waycross. (5) There shall be kept in said courthouse one or more dockets, on which shall appear the name of each person arrested by the officers of the city for any offense against the municipal ordinances or laws in force within the jurisdictional limits of the city, and a brief and clear statement of the offense with which such person is charged. Upon the trial of such person, the sentence imposed or the disposition made of the case shall be entered in writing opposite the name and charge by the mayor or other presiding judge of said court, which respective entries shall be signed by the mayor or other presiding police court in such cases. (6) Said police court shall have power to compel the attendance of persons charged with the violation of any of the city ordinances or laws of the city, by summons, which summons shall be issued by the city clerk and bear teste in

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the name of the mayor, and shall set forth the nature of the charge or case, and the time set for trial or hearing, and shall be served upon the defendant by any officer or member of the police force. Likewise said court shall have power to compel the attendance of witnesses in all proceedings by issuing subpoenas which shall be similarly tested, issued and served. (7) Said police court shall have the power to punish any person disobeying such summons or subpoenas as for contempt. Any person who may be charged with contempt may be arrested by attachment in writing or warrant signed by the mayor or other police court judge, which said attachment or warrant shall be executed by any member of the police force. (8) The cases before said court shall be tried as speedily as possible. With due regard to the rights of the accused and of the city, continuances may be granted by the court upon proper showing made, in accordance with the rules governing such matters in the superior courts of the said state, but such continuances shall be only until a time when the case can be properly tried in the discretion of the presiding judge. (9) When any person who is charged with an offense against the laws or ordinances of the city, or who is arrested for such offense, shall give bond for his or her appearance at any session of police court, and if such person shall fail to appear at the time appointed in said bond, then and in such event said bond shall be forfeited and the amount of same collected from the principal and sureties thereon in a manner to be provided for by ordinance of the city. And said commission is hereby expressly authorized and empowered to provide by ordinance for the forfeiture and collection of such appearance bonds similarly to the way in which they are forfeited in the superior courts in this state, and said police court is hereby clothed with full power and authority to forfeit said appearance bonds and grant judgments upon the same for the amounts thereof, in the same way that superior courts grant such judgments. On the entering of such judgment, the city clerk shall issue an execution against the principal and surety or sureties on such bonds in conformity

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with such judgment, and in the form and manner prescribed for executions, issued by the city for taxes, which executions shall be placed in the hands of the city marshal who shall proceed to enforce and collect the same as tax executions of the city are enforced and collected. (10) In any case where any person charged with an offense against the ordinances of the city, or arrested for such offenses, has deposited a sum of money as a bond for his appearance in said police court, and similarly where some other party has deposited a sum of money for the appearance of such person in said police court, then and in the event such person does not appear at the time appointed, for whose appearance such sum of money was deposited in lieu of a bond as aforesaid, said sum of money shall be forfeited instanter by the judgment of the police court entered upon the police court docket and shall be paid over to the city treasurer as the property of said City of Waycross. (11) Said commission shall have the power to provide by ordinance for the charge and collection of all items of costs in cases brought into said police court, such as are usually incident and lawfully chargeable to the prosecution of said cases, same to be added to the amount of the fines imposed and collected, and then to be paid over to the proper officers for whose use they are charged. The city clerk, and the marshal of the city, or such police officer as he may deputize, shall be the clerk and marshal respectively of said police court and shall serve same in such capacity, and their duties and fees or costs shall be such as usually appertain to such officers in courts and as may be fixed by ordinance, and they shall be entitled to receive such fees or costs for their services, in said court, when same are collected along with the fines, as above provided, but not otherwise. They shall not be entitled to any payments on account of solvent costs. (12) The right of certiorari from the decision and judgment of said police court shall exist in all cases, and any and all persons who shall complain, and take exception at any decision or judgment rendered in said police court, shall have the right to have same reviewed by a writ of certiorari which shall be applied for, issued and heard and determined

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under the provisions of the laws of the State of Georgia in such cases made and provided. (13) (A) No resident of Ware County, Georgia, who is not a resident of the City of Waycross, Georgia, shall be prohibited from giving a property bond, solely on the basis of residency, for the appearance (in the Recorder's Court (Municipal Court) of the City of Waycross) of a person who is charged with an offense against the laws or ordinances of the City of Waycross. The means and method for giving bond, forfeiture of bond, execution, and judgment thereon shall be established by the Code of the City of Waycross, Georgia, the ordinances and laws applicable to the City of Waycross, Georgia. Any such existing means and method in said Code, ordinances, as well as any amendments thereto, and laws shall apply to property bonds under this paragraph (13). (B) If Ware County residents who are not residents of the City of Waycross give bond for a person or persons to appear in the Recorder's Court (Municipal Court) of the City of Waycross, and if such person shall fail to appear at the time appointed in said bond, then in such event said bond shall be forfeited and the amount of same collected from the principal and his sureties as established by the ordinances and laws of the City of Waycross, Georgia, and general laws of the State of Georgia applicable to said court. Any ordinances and laws in effect at the time this ordinance is adopted, as well as any amendments that may be adopted from time to time, shall apply to persons and bonds which are given by Ware County residents who are nonresidents of the City of Waycross. Section 60. (Revision) Bonds. The commission of the City of Waycross, by ordinance, 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 under the laws of this 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 61. (Restatement) Guard house. Be it further enacted, that said commission shall have the power and authority to erect and maintain a city guard house, and to establish and provide regulations therefor, in which shall be confined for punishment, when necessary, persons sentenced by the police court for violating any of the laws or ordinances of the city, as well as for the safe detention until trial of all persons who have violated any of the laws or ordinances of the city, and also for the safe detention of all disorderly persons and persons committing or attempting to commit crime, and the city marshal or chief of police, or any policeman of the city shall have the right to take up all disorderly persons, and all persons committing or attempting to commit any crime or violation of the laws or ordinances of the city, and confine them in the guard house to await their trial. The city commission shall likewise have the right in emergencies to use the county jail of Ware County. (Ga. L. 1909, p. 1456, Sec. 46; Ga. L. 1915, p. 964, Sec. 7) Section 62. (Restatement) Arrest warrants. Be it further enacted, that upon complaint being filed with the mayor, or in his absence or disability to act, the mayor pro tem., by affidavit, or in such other manner as may appear to him sufficient, that any person has violated any municipal ordinance or law of the city, said mayor or mayor pro tem., shall have the power to sign and issue a warrant for the arrest of said offender, which warrant shall be directed to the chief of police, or any member of the police force of the city, and may be executed by said chief or any member of the police force of the city, or the marshal or any watchman of the city or any other person authorized, and empowered to make arrests by the ordinances of the city. Arrest, however, may be made by any of the officers or persons who are thereunto duly authorized as aforesaid, without a warrant if the offense is committed in the presence of the arresting officer, or if the defendant is endeavoring to escape, or if for any other cause there is likely to be a failure of justice for want of an officer to issue a warrant. Arrests by said city officers may likewise be made in the one mile zone lying outside of the city limits as now defined, or as may hereafter be constituted, as provided for in a previous section of this Act, and likewise the officers of the city may follow violators of the laws and ordinances of the city, and who are endeavoring to escape and arrest them in such flight wherever they may be found in the state. (Ga. L. 1909, p. 1456, Sec. 47)

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Section 63. (Restatement) Duties of police. Be it further enacted, that it shall be the duty of the chief of police, by himself or through the force under him and at his command, at all times, day and night, to preserve the public peace, good order and tranquility of the city and its inhabitants, to prevent the commission of crime, and arrest offenders, to protect the rights of persons and property; to provide proper police force, and protection at fires; to protect strangers and travelers at railway stations; to suppress riots and insurrections; to disperse unlawful and dangerous assemblages and assemblages which obstruct the free passage of public streets, sidewalks, parks and other places; to preserve order at elections and at all public meetings and assemblages; to regulate movements of teams and vehicles in the streets, and to prevent the violation of all laws and ordinances in force applicable to the police of the city. He will be held responsible for the good order of the city, and the general good conduct of the officers and men under him. The police of the city, including those holding temporary appointments, and night-watchmen shall be subject to the general control of the chief of police. The city may pass ordinances from time to time regulating the chief of police, and the police force of the city; and may clothe watchmen at private plants or factories, and also railroad watchmen, with police powers. (Ga. L. 1909, p. 1456, Sec. 48) Section 64. (Restatement) Fire department. Be it further enacted, that there shall be a fire department maintained and operated by said city under such rules, regulations, and ordinances as the city commission may prescribe and such as already exist. It shall consist of a chief and sufficient number of men, and they shall receive such salaries and be employed at the pleasure of the city commission. The chief shall be the executive head of the department, and shall be responsible for good order and efficiency of the same, and shall make such reports to the city commission of the condition of the department as may be required. (Ga. L. 1909, p. 1456, Sec. 49; Ga. L. 1915, p. 964, Sec. 7) Section 65. (Restatement) Policemen's, firemen's pensions. The commission shall have the power and right and shall provide a pension for any member of the police force or any fireman in said city who shall have remained continuously in the employ of said city in said capacity for as long a period as twenty-five (25) years, and who shall have become unable to perform his duties

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and broken in health, and is in such circumstances, as in the opinion of the commission needs and deserves compensation. Such pension shall not exceed one-half the regular salary of such officer, and may be discontinued by the commission at any time in its discretion. The commission shall also have power and authority to pay to the widow and orphan children, or to the orphan children or to the widow, of any policeman or fireman, who shall have lost his life in the discharge of his duties in such capacity, such compensation as it may deem fit and proper, not to exceed one-half the annual salary of such deceased employee. Said pension shall only be paid in cases where the widow and children or the children, or the widow is in destitute circumstances, and shall not be paid to any minor children over the age of 14 years, and may be discontinued at any time in the discretion of the commission. (Ga. L. 1922, p. 1087, Sec. 38) Section 66. (Restatement) Franchises. Be it further enacted, that said city commission shall not grant any public franchises to any person, firm or corporation without reserving in said grant the right to tax said franchise, and the right to pass and adopt from time to time such ordinances or regulations, regulating and governing the exercise of such franchises as may be deemed expedient or necessary; and no franchise shall be granted for a period longer than fifty years. (Ga. L. 1909, p. 1456, Sec. 50; Ga. L. 1915, p. 964, Sec. 7) Section 67. (Restatement) Parks, squares. Be it further enacted, that said city commission of said City of Waycross, shall never at any time have the right or power to sell, lease or permit any encroachments on any of the parks or public squares in said City of Waycross, without first being authorized so to do by consent of two-thirds of the qualified voters of the city at an election called upon the question. (Ga. L. 1909, p. 1456, Sec. 51; Ga. L. 1915, p. 964, Sec. 7) Section 68. (Restatement) Public service corporations. Be it further enacted, that it shall be within the power of the city board or department especially affected, or of the city commission to compel any and all public service corporations operating or doing business in said city to remove and replace and readjust at their own expense all tracks, poles, conduits, wires and other appurtenances and structures used by them, in the prosecution of their business functions, whenever the same may in the

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discretion of such departments, or said city commission, be necessary to carry out any ordinance or plan of the municipal government of the City of Waycross, or to the best interest of the city and its inhabitants. (Ga. L. 1909, p. 1456, Sec. 52) Section 69. (Restatement) Double tax. Be it further enacted, that all property in said city which is required by the laws and ordinances of the city to be returned for taxation, shall be double taxed, if not returned before March 15th of each year; provided, however, that the tax assessors or the city commission shall have power in their discretion to relieve from said double tax for good cause shown. (Ga. L. 1909, p. 1456, Sec. 53) Section 70. (Restatement) Impeachment. Be it further enacted, that the mayor, aldermen, departmental officers, and other officers of said city, whether serving with or without compensation, where they are elected or appointed for a fixed term of office, shall, for violation of their respective oaths of office, or for any violation of the criminal laws of the state, including the misuse or failure to pay over public funds or property, or willful neglect or failure (except in providential causes) to perform the duties of his office, or such private misconduct as renders his office a subject of reproach to the public, or makes him unfit to discharge the duties of his office and prevents the true performance thereof, shall be subject to impeachment. This remedy by impeachment shall not take away the right and duty of removal of such offending officer where such rights exist, but shall be cumulative thereof. Articles of impeachment shall be prepared and presented whenever so ordered, and in the manner that may be ordered by the city commission in each case. When it shall be determined by the city commission that a trial shall be had under articles of impeachment prepared as above specified, the city attorney shall prosecute in the name of the city. The city commission of said city shall have the sole right to try all impeachments, and when sitting for that purpose it shall be under same oath or affirmation taken by jurors in the trial of criminal cases in the superior courts of the state. When the mayor is tried, a judge of the superior court shall preside; neither the mayor nor any aldermen shall be allowed to sit or vote on the trial of his own case if (he is on trial); and no person shall be convicted without the concurrence of two-thirds of the members present, the mayor voting except when he is on trial. Judgment, in case of impeachment, shall extend no

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further than removal from office and disqualification to hold any office of honor, trust, or profit, under this charter, but the party convicted shall, nevertheless also be liable and subject to indictment trial and punishment, according to law in the courts of the state having jurisdiction of such matters. Employees and officers who are employed at the pleasure of the city commission, or any board or officer of the city, may be dropped at the pleasure of the appointing power. (Ga. L. 1909, p. 1456, Sec. 55) Section 71. (Restatement) Recall procedure. Any or all members of the city commission may be removed from office by the qualified voters by the following procedure: (a) A petition for the recall of the Commissioner, or Commissioners, designated, signed by at least five per cent of the qualified voters of the city, as shown by the official registration list filed for the general election last held, and containing a statement in not more than two hundred words of the grounds of the recall, shall be filed with the city clerk, who shall forthwith notify the Commissioner or Commissioners sought to be removed, and he or they within five days after such notice may file with the clerk a defensive statement of not more than 200 words. The clerk shall at once upon the expiration of said five days cause three printed or typewritten copies of such petition, without the signatures, to be made, and to each of them shall attach a printed or typewritten copy of such defensive statement, if one be furnished him in the time provided. He shall cause the copies of such petition to be placed on file in his office, and provide facilities for signing same by voters who may desire to sign. The city clerk shall then immediately cause notice to be published in the newspaper in said city in which the legal advertisements of the city are placed of the placing of such copies of such petition in his office. Such copies of such petition shall remain of file in the office of the city clerk for a period of 30 days, during which time any of them may be signed by a qualified voter. Each signer of such petition shall sign his name thereto in ink or indelible pencil, and shall sign his name in person, and not by agent or attorney, and in the presence of the city clerk, and shall place thereafter his residence by street and number. (b) At the expiration of said period of 30 days, the city clerk shall assemble the three copies in his office as one instrument, and shall certify thereon that the signatures appearing on

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said petitions were signed in person by the voters whose names appear thereon at his office and in his presence. He shall examine the same and ascertain and certify whether the signatures thereon amount to at least twenty-five (25) per cent of the registered voters as shown by the official registration list for the general election last held. If such signatures amount to such per cent he shall at once serve notice of the fact upon the Commissioner or Commissioners designated in the petition and also deliver to the commission a copy of the original petition with his certificate as to the percentage of qualified voters who signed same, and a certificate as to the date of his last mentioned notice to the Commissioner or Commissioners designated in the petition. (c) If the Commissioner or Commissioners designated in said petition or any of them, file with the city clerk within five days after the last mentioned notice from the city clerk, a written resignation from office, the clerk shall at once notify the commission of that fact, and such resignation shall be irrevocable. In the absence of any such resignation, the commission shall forthwith order and fix a day for holding a recall election for the removal of those not resigning. In the event that the recall petition requires at the same time a recall election for more than two of the Commissioners, then such recall election shall be ordered by the city clerk and he shall fix a day for holding such election and shall have and exercise all authority and power relative to holding and conducting such election as would otherwise be possessed by the commission. Any such election shall be held not less than 30 or more than 60 days after the expiration of the period of five days last mentioned, and shall be a special election called for the purpose unless there be some general or special election during said period, when said recall may be voted upon. (d) The ballots at such election shall conform to the following requirements, with respect to each person whose removal is sought, the question shall be submitted: `Shall.....(name of person) be removed from the office of City Commissioner by recall?' Immediately following such question there shall be reprinted on the ballots the two propositions in the order here set forth:

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`For the recall of..... (name of person).' `Against the recall of..... (name of person).' (e) In any such election, if a majority of the votes cast on the question of removal of any Commissioner is affirmative, the person whose removal is sought shall thereupon be deemed removed from office upon the announcement of the official return of that election, a special election shall thereupon be called by the commission, if not more than two Commissioners are removed and by the city clerk if more than two Commissioners are removed, to fill the existing vacancies in the commission. Said election shall be held under the same rules and regulations for the holding of special elections, until such time as the commission shall by proper ordinance provide a method for holding such elections. The candidate or candidates receiving highest number of votes shall be declared elected to fill the existing vacancies. The successful candidates shall fill out the unexpired terms of the Commissioners whom they succeed. (f) Reserved. (g) No proceedings for the recall of all of the City Commissioners at the same election shall be defeated in whole or in part by the resignation of any or all of them, but upon the resignation of any or all of them, after a recall petition shall have been filed against the person or persons resigning, an election shall be held to elect the successors to the person who resigned. The recall election shall proceed as to the other Commissioners against whom it is directed if all do not resign, and in the event that they are recalled, an election shall be held as hereinbefore provided to select their successors. In all cases where a Commissioner is recalled by the method herein provided, or shall resign after a recall petition has been filed against him, his successor shall be elected by the voters of the city, and not by the commission. (h) No petition to recall any Commissioner shall be filed within three months after he takes office. No person removed by recall, or who resigns after a recall petition is filed against him, shall be eligible to be elected or appointed upon the commission until after the expiration of the term for which he was originally elected, and from which he was removed by recall or resignation after recall petition.

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The method of removal herein provided is cumulative of such other methods as will, are, or may be provided by law. (i) No person shall falsely impersonate another or purposely write his name or residence falsely in the signing of any petition for recall, or forge any name thereto, or sign any such paper with the knowledge that he is not a qualified voter of the city, qualified at the time of signing to vote, nothing to the contrary thereafter intervening, at the next and ensuing general election for commission. No person shall sign, or knowingly permit to be signed, any petition for recall at any place other than the place hereinbefore designated for the signing of such petitions; nor shall any person employ or pay another, or accept employment or payment, for circulating any recall petition upon the basis of the number of signatures procured thereto. Any person violating any of the provisions of this paragraph of this Act shall be guilty of a misdemeanor, and shall upon conviction therefor be punished as provided in Section 1065 of the Criminal Code of the State of Georgia. (Ga. L. 1922, p. 1087, Sec. 36) Section 72. Reserved. Section 73. (Restatement) Miscellaneous powers. Be it further enacted, that said city commission shall also have the right and power: 1. Inspection of buildings. To provide for the inspection of all buildings in said city for the purpose of having same meet the proper requirements relative to the material used and safety of the same, as the city commission may from time to time prescribe by ordinance; to appoint a building inspector and prescribe his powers and duties; and to provide that no building shall be erected in said city without first securing a permit from such inspector. 2. Transportation. To regulate all drays, hacks and vehicles of every kind and description used in the city for hire in the transportation of passengers and freights, or both; to provide for the regular inspection of same and for lighting same at night, and to fix the rates of fare and carriage for same; also to regulate the speed and the running of trains, street cars, automobiles, auto-buggies and other vehicles in said city.

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3. Markets. To establish one or more markets, should it deem such action expedient, and regulate the same, fix the hours of sale therein, prevent the sale of marketable commodities elsewhere in the city, and pass all ordinances, rules and regulations necessary and proper in order to control marketing within the city. (Ga. L. 1909, p. 1456, Sec. 56; Ga. L. 1915, p. 964, Sec. 7) Section 74. (Restatement) Street railroads. Be it further enacted, that whenever any street railroad tracks are laid in said city on a street which has already been paved or permanently improved, said city commission may require such contribution or payment from said street railroad company or its owners at the time of laying such tracks, on account of the paving or improvement of such street, as the said city commission may deem proper. Said city may enforce the collection of such amount by execution, and may require payment of same before consent is granted to lay such tracks, and may grant consent conditioned on such payment thereafter. Such street railroad and its owners shall also be liable for its pro rata of the cost of repaving or repairing said street when the same is done, according to law. (Ga. L. 1909, p. 1456, Sec. 57; Ga. L. 1915, p. 964, Sec. 7) Section 75. (Restatement) Sanitary tax. Be it further enacted, that the city commission of said city is hereby authorized, whenever it shall deem same expedient in its discretion, to make an assessment on the various lots and lot owners in said city for sanitary purposes, not to exceed three dollars per annum on each lot so assessed; and it is hereby authorized and empowered to collect the same by execution against the lot so assessed and the owner thereof; the amount so assessed shall be a lien on the lot from the date of assessment; the execution shall be issued and enforced in the same manner that tax executions are issued and enforced in said city, and the amount so collected shall be used for sanitary purposes only. Said city commission shall have power and authority to prescribe what shall constitute a lot for sanitary purposes and assessment; provided, no lot shall be less than twenty feet front; and provided, further, that the assessment provided in this section shall not be made on vacant lots, except upon a vote of two-thirds of the city commission, and residence lots shall not be subdivided for assessment except where the residence lots have two or more houses used or intended for use as separate tenements built upon them, in which

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case a sanitary assessment may be levied against the lot for each house situated thereon. (Ga. L. 1909, p. 1456, Sec. 58; Ga. L. 1915, p. 964, Sec. 7) Section 76. (Restatement) Protection of officers. Be it further enacted, that said city commission and any of the officers of said city, who may be sued for any act done in his official capacity, may justify under this charter, and the provisions of this charter may be pleaded and shall be full defense against any such action, for any act or acts, done by them or either of them under and in accordance with the provisions of this charter, and the ordinances passed in pursuance thereof. (Ga. L. 1909, p. 1456, Sec. 59; Ga. L. 1915, p. 964, Sec. 7) Sections 77-104. Reserved. Section 105. (Revision) Attorney, recorder separate offices. The offices of city attorney and city recorder in the City of Waycross shall be separate and distinct offices, and the city recorder of the said city shall not be competent or eligible to hold the office of city attorney of said city during the term for which he was elected. Section 106. (Revision) Attorney's compensation. The city attorney of the City of Waycross shall be paid a salary of not less than one hundred ($100.00) dollars per month by the City of Waycross from the general funds of said city, in the same manner that other salaries of city officers are paid. Sections 107-131. Reserved. Section 132. (Revision) City marshal generally; collection of taxes. The city commission or other governing body of said city shall elect a city marshal, who shall serve for a term of two years and unitl his successor is elected and qualified. The compensation of the city marshal shall be fixed by the city commission. The office of city marshal shall not be abolished by the city commission, and shall not be combined with any other office. The city marshal shall be required to give bond in the sum of $10,000.00, in the same manner as the city clerk. He shall be charged with the duty of collecting all delinquent taxes due to the city that may be turned over to him by the city clerk and tax-collector, and shall account to the city clerk and tax-collector

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promptly for all monies collected by him. He shall be the special officer of the board of tax-assessors, and shall work in conjunction with said board in searching out and seeing that all property, both real and personal, subject to taxation by the city, is properly returned or assessed for taxation, in accordance with the rules, laws, and ordinances of said city. He shall also see that all persons, firms, or corporations subject to specific, occupation or license taxes shall pay the same promptly when due, and upon failure of any person so to do, the city marshal is empowered to summons them to appear before the recorder's court of said city, there to be dealt with as provided by law. The provisions of the city charter now in effect as to the collection of taxes, tax sales, transfer of executions, redemptions, and illegalities shall remain as they are now, unless otherwise provided for herein. Sections 133-220. Reserved. Section 221. (Restatement) Assessments for street improvements. First. That the mayor and commission of the City of Waycross shall have full power and authority, in their discretion, to grade, pave, macadamize, and otherwise improve for travel and drainage of the streets and public lanes and alleys of said city; to put down curbing, cross-drains, crossings, and otherwise improve the same. Second. In order to fully carry into effect the authority above delegated, the mayor and commission of the City of Waycross shall have full power and authority to assess the cost of paving and otherwise improving the sidewalks, including two-thirds of the necessary curbing for the same, on the real estate abutting on the street and on the side of the street on which the sidewalk is so improved. Third. That the mayor and commission of the City of Waycross shall also have full power and authority to assess one-third of the cost of grading, paving, macadamizing, constructing side-drains, cross-drains, crossings, and otherwise improving the roadway or street proper, on the real estate abutting on each side of the street improved; the real estate abutting on each side shall pay two-thirds of the entire cost, and any street railroad company, or other railroad company, having tracks running through or across the streets of said city shall be required to pave, macadamize, or otherwise improve said street, as the mayor and

Page 4976

council may prescribe, the width of its track and for one foot on each side of every line of track now in use, or that may hereafter be constructed by said company; provided, that the law authorizing the assessment on the abutting property owners of the whole cost of paving sidewalks, including two-thirds of the cost of curbing, is in no way affected hereby. Fourth. The mayor and commission of the City of Waycross shall have full power and authority to adopt by ordinance such a system of equalizing assessments on real estate for the above purposes, and for the amounts above set forth, as may be just and proper, estimating the total cost of each improvement made, and prorating the cost thereof on the real estate according to its frontage on the street or portion of the street so improved. It shall be wholly discretionary with the mayor and commission of the City of Waycross whether said improvements shall be done or not. Fifth. The amount of the assessment on each piece of real estate shall be a lien on said real estate from the date of the passage of the ordinance providing for the work and making the assessment. Sixth. The mayor and commission of the city shall have authority to enforce the collection of the amount of any assessment so made for work, either upon the streets or sidewalks, by execution to be issued by the city treasurer against the real estate so assessed and against the owner thereof at the date of the ordinance making the assessment, which execution may be levied by the marshal of the said city upon such real estate, and after advertisement and other proceedings, as in cases of sales for taxes, the same may be sold at public outcry to the highest bidder, and such sale shall vest absolute title in the purchaser, and the marshal of the City of Waycross shall have full authority to eject the occupants of said property and place the purchaser thereof in possession; provided, that the defendants shall have the right to file an affidavit denying that the whole or any part of the amount for which said execution issued is due and stating what amount he admits to be due, which amount so admitted to be due, with all costs, shall be paid and collected before the affidavit is received, and the affidavit shall be received for the balance, and such affidavit so received shall be returned to the superior court of Ware County and there tried and the issue

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determined as in cases of illegality, subject to all the pains and penalties provided in cases of illegality for delay. Seventh. The mayor and commission of the City of Waycross shall have full authority to pave, or contract for paving of, the whole surface of the street, without giving any street railway company or other property holder or occupant of the street the option of having the space to be paved by it paved by itself, or by a contractor at its instance; the object of this section being to prevent any delay in the progress of the work, and to secure a uniform quality of workmanship. Eighth. That the lien given to the City of Waycross for assessments upon abutting property, and also on the property of street railroad companies for street or sidewalk paving, curbing, grading, or drainage, shall have rank and priority of payment next in point of dignity to the liens in favor of the City of Waycross for taxes due said city, such liens or priority of payment to exist from the date of the passage of the ordinance authorizing the execution of the work in each case. Ninth. The mayor and commission shall have full authority to prescribe by ordinance such other rules as may, in its discretion, be necessary to grade, pave, macadamize, drain or curb any of the streets of the city; to enforce by execution the payment of the cost thereof against adjacent property owners and railroad companies; to prescribe how the owners or agents thereof shall be served with notice by personal service or by publication. (Ga. L. 1905, p. 1220, Sec. 1) Section 222. (Restatement) Grading, paving, drainage of streets. Whenever the mayor and the commission shall deem it proper in their discretion to grade, pave, drain, or otherwise improve for travel and drainage, any streets and alleys of said city, they shall have made a survey of such streets and alleys and plans, specifications and estimates of the cost of such grading, paving, drainage and other improvements, which plans and specifications shall establish and fix the grades of the streets to be improved and the size and location of all drains, sewers and water mains. They shall divide the streets and alleys on which such improvements are to be made into improvement districts, describing each of such districts by name, number and designating the streets and alleys and parts of streets and alleys to be

Page 4978

included in each district. They shall have authority to require all sewer and water connections to be laid to the curbline or property line in front of improved or unimproved lots, before the improvements are made, and if such connections are not laid by the property owners, they may be laid by the city, and the cost thereof assessed against the lots as a part of the cost of the improvements. (Ga. L. 1913, p. 1234, Sec. 2) Section 223. (Restatement) Assessments authorized. On the completion of the improvements on the streets and alleys in any portion of an improvement district, the mayor and commission shall have authority to ascertain the proportionate cost of such improvement in such portion of such district, including street intersections, headers, curbing drains and intakes, chargeable to abutting property, street railroad companies and other property and persons, and to assess such cost against such property and persons, and to make such assessments payable within such time as they may fix, and to collect them in the manner provided by law. (Ga. L. 1913, p. 1234, Sec. 3) Section 224. (Restatement) Equalizing assessments. The mayor and commission shall have full power and authority to adopt such system of equalizing assessments in each improvement district as may be just and proper, estimating the total cost of all improvements made or to be made in each district, and prorating two-thirds of the entire cost thereof on the real estate in such improvement district according to its frontage on the street or portion of the street improved. (Ga. L. 1913, p. 1234, Sec. 4) Section 225. (Restatement) Improvements required from railroad companies. Any street railroad company or other railroad company having tracks, or which may hereafter construct tracks through, along or across the streets and lanes of said city shall be required to pave, macadamize or otherwise improve said streets, as the city commission may prescribe, the width of its tracks, that is between its tracks, and also for two feet on each side of its tracks; provided, however, that said street railroad company or other railroad company shall have the right to pave, macadamize or otherwise improve said streets along its tracks, after due notice by resolution of the city commission and in the event said street railroad company or other railroad company shall fail or refuse to comply with the terms of said resolution,

Page 4979

then and in that event the city commission shall have the right and power, at its option, to do such work itself or by a contractor at its instance and to bill said street railroad company or other railroad company for the cost and expense of same, and in default of payment, to issue an execution for the cost and expense of such work against such street railroad company, or other railroad company, which shall be a lien on all property of such street railroad company or other railroad company in said city next to point of dignity to the liens in favor of the City of Waycross for taxes due said city, such lien to exist from the date of the passage of the ordinance authorizing the execution of the work in each case; provided, further, however, that if it is mutually agreeable to the city commission and to such street railroad company, or other railroad company, having or constructing tracks upon any street to be paved, macadamized or otherwise improved, as aforesaid, that such paving, macadamizing or other improvement shall not be placed between the tracks of the street railroad company or other railroad company as above provided but same shall be left open and the street shall be paved, macadamized or otherwise improved outside of the tracks for a width to be decided by the city commission then and in such event said street railroad company or other railroad company shall pay for a width of such paving, macadamizing or other improvement equal to the width of its tracks and two feet on each side, and the cost thereof shall be a lien against all the property of such street railroad company from the date of the passage of the ordinance authorizing the execution of the work, as above set forth, and said city may do the work itself, or have it done by a contractor, as above provided, and bill the street railroad company or other railroad company, for the cost and expense thereof, just the same as if said work had been done between the tracks and for two feet on each side of said railroad tracks, and should said street railroad company or other railroad company fail to pay such bill or bills within the time fixed by the commission, then said city commission shall cause executions to be issued against said street railroad company or other railroad company, which shall be a lien of the same rank and dignity as above provided against such company, and against all its property in said city, just as if said work had been done between the tracks of the railroad and two feet on each side, as above provided for, and in such event the street railroad company, or other railroad company, shall not thereafter be required to pave, macadamize or otherwise improve between its tracks on such streets where such company pays for

Page 4980

such improvement not made between its tracks but outside thereof under the agreement aforesaid. (Ga. L. 1913, p. 1234, Sec. 5) Section 226. (Restatement) Payment of assessments. The mayor and commission shall have authority to make assessments for street and alley improvements, payable in cash, within such time as they may fix, or in installments, at such time, or times, in the future, as they may fix; to require persons liable for assessments, if they elect to pay in installments, to declare their election in writing within a time to be fixed by the mayor and commission, deferred payments in all cases to bear interest at the rate of seven per cent per annum; to issue executions against the property assessed, payable at such time or times in the future as they may fix; and to provide that on default of any installment, the remaining installments shall immediately become due and payable. (Ga. L. 1913, p. 1234, Sec. 6) Section 227. (Restatement) Issuance of notes. The mayor and commission shall have authority to issue notes or obligations of the City of Waycross, maturing at such time or times as they may fix, and payable from assessments against property for street and alley improvements, and from the proceeds of executions issued for the collection thereof; provided, that they shall not be authorized to incur any obligation payable from general funds of said city, in excess of the revenues for the year in which incurred. (Ga. L. 1913, p. 1234, Sec. 7) Section 228. (Restatement) Prior improvements. All the provisions of this act respecting assessments for street and alley improvements, and the payment thereof in installments, and the issuance of executions therefor, and the issuance of notes of obligations payable therefrom, shall apply to grading, pavements, curbing, drains, sidewalks, and other improvements heretofore made on the streets and alleys of said city, for which payment has not yet been made, as well as to all improvements now in progress and to be made in the future. (Ga. L. 1913, p. 1234, Sec. 8) Section 229. (Restatement) Additional powers. The mayor and commission of said city shall have full power and authority to prescribe all such other rules and regulations as may, in their discretion, be necessary to grade, pave, drain and otherwise

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improve the streets and alleys of said city, and to assess the cost thereof against abutting property, and to enforce by execution, the payment of such assessments and to carry out all the provisions of this act and all other laws on the subject of street and alley improvements. (Ga. L. 1913, p. 1234, Sec. 9) Section 230. (Restatement) Tax for street improvements. In addition to the taxes and assessments now authorized by law to be levied and collected subject to the restrictions now made by law, the mayor and commission shall have full power in the same manner other taxes are levied and collected, to levy and collect annually a special tax not to exceed one-fourth of one per centum on all property, real and personal, within the corporate limits of said city, as now or hereafter laid out, which is taxable under the laws of the state for the purpose of making permanent street improvements. (Ga. L. 1913, p. 1218, Sec. 3) Sections 231-270. Reserved. Section 271. (Restatement) Personnel benefits authorized. The City of Waycross is hereby authorized to provide any type of group insurance, including life, sickness, accident, hospitalization, annuity, and similar insurance coverage, for all regular employees of said city and their dependents. (Ga. L. 1961, p. 2308, Sec. 1) Section 272. (Restatement) Contracts. In connection therewith, the City of Waycross may enter into contracts of insurance with any insurance company authorized to transact business within the State of Georgia. (Ga. L. 1961, p. 2308, Sec. 2) Section 273. (Restatement) Participation. Participation in such group insurance by such employees shall be voluntary on the part of each employee, and no employee shall be required to participate therein or make contributions thereto, unless such employee shall desire to participate. (Ga. L. 1961, p. 2308, Sec. 3) Section 274. (Restatement) Premiums. The City of Waycross is authorized and empowered to pay out of the general fund of the city not to exceed one-half of the premiums for such insurance covering participating employees only, which payment shall be deemed made for services rendered to said city and for

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the welfare and protection of such employees, and is further authorized and empowered to deduct from the wages or salaries of its participating employees such part of the premium for such insurance as is payable by such employee and as may be so authorized by the employee in writing, and to pay or remit said premiums directly to the insurance company issuing such group insurance. (Ga. L. 1961, p. 2308, Sec. 4) Sections 275-280. Reserved. Section 281. (Restatement) Authority to grant pensions. The City of Waycross, Georgia, shall have the power and authority to grant a pension based on years of service and employment to employees in any, each, and all departments of the City of Waycross, and to the dependents of employees. (Ga. L. 1945, p. 521, Sec. 1) Section 282. (Restatement) Death, disability benefits. The City of Waycross, Georgia, shall have the power to grant pensions or other compensation to employees and/or to the dependents of any employee in any, each, and all departments thereof, where and when such employee loses his life or health or becomes totally and permanently disabled as the result of injuries incurred while actually engaged in the performance of his duties in the employ of said City of Waycross, Georgia. (Ga. L. 1945, p. 521, Sec. 2) Section 283. (Restatement) Powers generally. The City of Waycross, Georgia, by proper ordinance or ordinances, passed by the governing authority of said city, except as otherwise provided in this act, as hereby vested with full and complete power, authority and discretion to determine when and to what amount of pension is to be paid, to define dependents of employees, and to determine any and all facts relating to the granting, refusal, suspension, or revocation of pensions, compensation, or other gratuities under this act. (Ga. L. 1945, p. 521, Sec. 3) Section 284. (Restatement) The City of Waycross, Georgia, is authorized and empowered to create a pension association and define membership therein; and to establish, to serve without pay, a board of trustees whose duty it shall be to manage and administer the pension funds. The board of trustees shall consist of the city treasurer, the mayor and the city manager, and four

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employees of the city elected by employees who are members in good standing of the pension association. This board shall make all rules and regulations for the payment of said funds to those entitled to receive them, not in conflict with this act or any lawful ordinance passed in pursuance thereof. (Ga. L. 1945, p. 521, Sec. 4) Section 285. (Restatement) Salary deductions; tax. The City of Waycross, Georgia, is authorized and empowered to levy and collect a tax not to exceed three (3) per cent on the salaries of all its employees in all departments affected by this act, provided, however, this tax shall apply only to so much of the compensation of any employee as is not in excess of $150.00 for any calendar month, and may provide that the city treasurer shall retain such sums from the salaries of said employees. Said City of Waycross, Georgia, is authorized and empowered to levy a tax on all the taxable property of said city, ad valorem, not to exceed but to equal all revenue raised or received from city employees by reason of the tax herein authorized. Said City of Waycross, Georgia, may also use other available funds to equal or match, but not to exceed, all revenue raised or received from city employees by reason of the tax herein authorized. All of said funds shall be turned over to the city clerk and treasurer, and shall be kept in a separate fund and shall be disbursed under the terms of this act, and all valid ordinances passed and adopted in pursuance thereof. (Ga. L. 1950, p. 2379, Sec. 1) Section 286. (Restatement) Donations. Any funds coming into the hands of the trustees from donations or otherwise shall be turned over to the city treasurer and shall be disbursed under the terms of this act, and all valid ordinances passed and adopted in pursuance thereof. (Ga. L. 1945, p. 521, Sec. 6) Section 287. (Restatement) Contract not created. This act, or any ordinance passed in pursuance thereof, shall not create a contractual relation between the City of Waycross, Georgia, and any employee thereof. In case there shall at any time be less funds on hand than are needed to carry out the terms of this act, the actual funds on hand shall be prorated among the beneficiaries. (Ga. L. 1945, p. 521, Sec. 7) Section 288. (Restatement) Attachment, etc., prohibited. None of the funds herein mentioned shall be subject to attachment

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garnishment, judgment, or other legal process; nor shall be assignable, but shall be paid to the beneficiary. (Ga. L. 1945, p. 521, Sec. 8) Section 289. (Restatement) Investments. In case there should accumulate more funds than should be needed for immediate use, the authority entrusted with the pension fund is empowered to invest such excess in United States, Georgia, or municipal bonds, but not otherwise. (Ga. L. 1945, p. 521, Sec. 9) Section 290. (Restatement) Definition. The term `employee' as used in this act shall be deemed to embrace and include all persons performing regular service in the employ of the City of Waycross, Georgia, in any, each, and all departments thereof, but the term `employee' as used in this act shall not apply to any member of the city commission, nor to any officer elected by the people, nor to the city physician, city attorney, city recorder, nor to any casual or part time employees. (Ga. L. 1945, p. 521, Sec. 10) Section 291. (Restatement) Intent. The intention of this act is to authorize and empower the City of Waycross, Georgia, through its governing authority to provide a pension system for employees of such city, and dependents of employees, and to prescribe by ordinance or ordinances the conditions and methods by which the pension system shall be handled, and to prescribe all of the regulations with respect to same not in conflict with the provisions of this act. (Ga. L. 1945, p. 521, Sec. 11) Section 292. (Restatement) Social Security. In the event the present federal social security act is amended to include municipal employees, then the said City of Waycross may, in its discretion, substitute, in whole or in part, said social security payments by the municipality and employees, and the benefits accruing therefrom, in lieu of said pension plan as outlined herein. (Ga. L. 1945, p. 521, Sec. 12) Sections 293-300. Reserved. Section 301. (Restatement) Zoning regulations. Be it further enacted by the authority aforesaid, that the city commission of the City of Waycross may in the interest of the public health, safety, order, convenience, comfort, prosperity and general

Page 4985

welfare, adopt by ordinance a plan or plans for the districting or zoning of the city for the purpose of regulating the location of trades, industries, apartment houses, dwellings or other uses of property, or for the purpose of regulating the height of the buildings or other structures or the area or dimensions of lots or of the yards used in the connection with buildings or other structures, or for the purpose of regulating the alignment of buildings or other structures near street frontages. The zoning regulations may be based upon any one or more of the purposes above described. The city may be divided into such number of zones or districts and such districts may be of such shape and area as the city commission shall deem best suited to accomplish the purpose of the zoning regulations. In the determination and establishment of districts and regulations, classifications may be based on the nature or character of the trade, industry, profession or other activity conducted or to be conducted upon the premises, the number of persons, families or other group units to reside in or use buildings, the public, quasi-public or private nature of the use of the premises or upon any other basis or bases relative to the promotion of the public health, safety, order, morals, conveniences, prosperity or welfare. (Ga. L. 1925, p. 1569, Sec. 2) Section 302. (Restatement) Residence sections. Be it further enacted by the authority aforesaid, that for the reasons above stated, the city commission of the City of Waycross shall have the further right and power in any districts proposed to be set aside primarily for residence purposes to further classify the use thereof and to provide therein the class or classes of residents to be housed therein and to provide therein such other and similar regulations and restrictions as shall secure the peace and good order of the city and the residents thereof. No such ordinance or amendments thereto authorized by either of the above sections shall be adopted except by a majority vote of the city commission. (Ga. L. 1925, p. 1569, Sec. 3) Section 303. (Restatement) Preparation of plan; notice and hearing; ordinance. Be it further enacted by the authority aforesaid, that no ordinance adopting zoning regulations as above authorized shall be passed by the city commission of the City of Waycross until after a comprehensive plan for the zoning of the city has been prepared and submitted to the city commission by the park and tree and zoning commission of the said city.

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Whenever the park and tree and zoning commission of the City of Waycross shall certify to the city commission a plan for the zoning of the city, the city commission shall hold a public hearing thereon and shall give thirty days' notice of the time and place thereof in a newspaper of general circulation in the city; and during said thirty days, a copy of such plan and proposed ordinance shall be on file for public examination in the office of the park and tree and zoning commission or any such other office as may be designated by the said city commission. No ordinance, measure or other regulation which violates, differs or departs from the plan or report submitted by the park and tree zoning commission shall take effect unless passed by a majority vote of the city commission. (Ga. L. 1925, p. 1569, Sec. 4) Section 304. (Restatement) Amendment of zone plan. Be it further enacted by the authority aforesaid, that the city commission of the City of Waycross may from time to time amend or change the regulations or districts established by the zoning ordinances, but no such amendment or change shall become effective unless the ordinance proposing such amendment or change shall be first submitted to the park and tree and zoning commission for approval or disapproval, and the park and tree and zoning commission shall be allowed a reasonable time, not less than thirty days, for consideration and report. Whenever the owner of 51 per cent of the land in any area shall present a petition duly signed and acknowledged to the city commission requesting an amendment of the regulations prescribed for area, it shall be the duty of the city commission to vote upon such amendment within ninety days of the filing of same by the petitioners with the city clerk. (Ga. L. 1925, p. 1569, Sec. 5) Section 305. (Restatement) Board of zoning appeals. Be it further enacted by the authority aforesaid, that the zoning regulations shall be enforced and administered by inspector of buildings or such other person or persons as the city commission may designate under the rules and regulations of the park and tree and zoning commission. The city commission shall create a board of zoning appeals, which board shall hear and decide appeals from and review any order, requirement, decision or determination, made by the inspector of buildings or such other person or persons as above mentioned in the enforcement of the zoning regulations. The city commission may authorize the board of zoning appeals to administer the details of the application of

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any zoning regulation and delegate to such board in accordance with general rules set forth in the zoning ordinance, power to permit exceptions to and variations from the zoning regulations, and to administer the zoning regulations as specified therein; or such administrative powers and functions may be delegated by the city commission either in whole or in part to the park and tree and zoning commission, and the park and tree and zoning commission, when acting in accordance with such delegations shall be the board of zoning appeals. (Ga. L. 1925, p. 1569, Sec. 6) Section 306. (Restatement) Certiorari. Be it further enacted by the authority aforesaid, that every decision of the board of zoning appeals shall be subject to writ of certiorari issued from the superior court upon the same terms as such writs are issued in any case. (Ga. L. 1925, p. 1569, Sec. 7) Sections 307-320. Reserved. Section 321. (Restatement) Sanitary sewer system. (First) The mayor and commission of the City of Waycross are authorized and empowered to construct along any of the streets of said city, and over any private property, a sewer system to be known as a sanitary sewer system, and this authority may be exercised at different times and in different sections of said city, in streets where sewers are now laid or in new streets, in the manner and to the extent deemed best by said mayor and commission. In all cases where a sewer is laid along any street, an amount equivalent to the actual cost of laying such sewer of a sufficient size to meet the needs of the property abutting on such street shall be assessed pro rata upon the real estate abutting on each side of such street; and in consideration of the payment of such assessment, the owners of such real estate shall have the right to connect their property with said sewer. The remaining cost of such sewers shall be paid by the city out of any funds available for the purpose. (Second) Said mayor and commission shall also have authority to assess against abutting property the cost of extending house connections to the property line at the time such sewers are laid. The cost of such connections shall be added to the cost of the construction of the sewers, and the total cost shall be assessed against such abutting property. In case any sewer is constructed through or over any private property along the

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course of any natural drain or otherwise, a like assessment shall be made against such property abutting on each side of such sewer, and in consideration of the payment of such assessments the owners of such property on each side of such sewer shall have the right to connect their property with the sewer. Real estate situated on street corners having a frontage on two streets, shall be assessed for the frontage on the street on which a sewer is first laid and when a sewer is laid on the other street, seventy-five feet of frontage shall be exempt from assessment. (Third) The mayor and commission are authorized to levy and construct sewers for said city of whatever form or material in their judgment may be proper, without the limits of the City of Waycross, to as full an extent as is now authorized within the limits of the city, to construct and operate plants, means and methods for the disposal of sewage without the City of Waycross, as well as within the limits of said city, and to condemn lands and interests in real estate for the construction of sewers, plants, means and methods, for the disposal of sewage without the limits of the city, in whatever direction and to whatever extent they may deem necessary and proper. (Fourth) The mayor and commission shall have authority to regulate and control the time and manner in which sewer connection shall be made, the terms and conditions upon which, and the persons by whom the work shall be done, the replacing of paving and other adjacent structures in good condition, the inspection of sewer connections and plumbing, the licensing of competent persons as plumbers, and all other matters relating to sewers, sewer connections and plumbing, and to require compliance by individuals with the regulations thus adopted. (Fifth) All provisions of the act of August 22, 1905, and the new charter of the City of Waycross, approved August 17, 1909, and acts amendatory thereof, and other laws relating to assessments for street improvements, regulating the manner and time of making such assessments and the collection thereof in cash or installments, and the issuance and levy of executions therefor and the issuance of notes payable therefrom, shall be applicable to assessments for sewer construction provided for in this statement. (Ga. L. 1913, p. 1218, Sec. 1)

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Sections 322-400. Reserved. 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 1989 session of the General Assembly of Georgia a bill to amend 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. This 4th day of January, 1989. Honorable Harry D. Dixon Representative, 151st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry D. Dixon, who, on oath, deposes and says that he 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: January 7, 1989. /s/ Harry D. Dixon Representative, 151st District

Page 4990

Sworn to and subscribed before me, this 28th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved April 13, 1989. CITY OF SNELLVILLE CORPORATE LIMITS. No. 617 (House Bill No. 1081). 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 2C, to be designated Section 2D, to read as follows: Section 2D. The corporate limits of the City of Snellville shall also include the following described property: TRACT NO. 1 Tax Parcel Numbers 5-56-8, 5-56-9, 5-56-10, 5-56-11, 5-56-12, 5-56-13, 5-56-14, 5-56-18, 5-56-44, 5-56-46, 5-56-52

Page 4991

All those tracts or parcels of land lying and being in Land Lot 56 of the 5th District, Gwinnett County, Georgia, and described more particularly as follows: Beginning at the intersection of the easterly right-of-way of Georgia Highway 124 and the northerly right-of-way of Pharrs Road; thence in a northeasterly direction along the northerly right-of-way of Pharrs Road, a distance of 1615 feet, more or less, to the westerly right-of-way of Old Snellville Highway, also known as North Road; thence in a northerly direction along the westerly right-of-way of Old Snellville Highway, a distance of 1200 feet, more or less, to the Land Lot line dividing Land Lot 56 and Land Lot 73, said Land Lot line being the existing City Limit line and the property line of the Britt property; thence in a northwesterly direction along said Land Lot line a distance of 278 feet, more or less, to a corner with property of Britt Estate; thence leaving the Land Lot Line in a southwesterly direction along the Britt property line a distance of 973 feet, more or less, to the easterly right-of-way Georgia Highway 124; thence in a Southerly direction along the easterly right-of-way of Georgia Highway 124 a distance of 2050 feet, more or less, to the northerly right-of-way of Pharrs Road and the place or point of beginning. TRACT NO. 2 Tax Parcel Numbers 5-73-35, 5-73-36, 5-73-40 All those tracts or parcels of land lying and being in Land Lot 73 of the 5th Land District, Gwinnett County, Georgia, and described more particularly as follows: To find the place or point of beginning, begin at the intersection of the easterly right-of-way of Old Snellville Highway and the southerly right-of-way of Ridgedale Drive; thence in an easterly direction along the southerly right-of-way of Ridgedale Drive a distance of 269 feet, more or less, to a corner with the property of Robert Milton (Tax Parcel # 5-73-39) being the POINT OF BEGINNING; thence in an easterly direction along the southerly right-of-way of Ridgedale Drive a distance of 490 feet, more or less, to a corner of Deerfield Commons Subdivision; thence in a

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southwesterly direction along the Deerfield Commons Subdivision line a distance of 465 feet, more or less, to a corner with the property of Alesa D. Robb (Tax Parcel # 5-73-6A); thence in a westerly direction along the property line of Robb 101 feet, more or less, to a corner; thence in a northerly direction a distance of 12 feet to a corner with Milton; thence in a northerly direction 378 feet, more or less, to the southerly right-of-way of Ridgedale Drive and the place or point of beginning. TRACT NO. 3 Tax Parcel Number 5-41-1D All that tract or parcel of land lying and being in Land Lot 41 of the 5th District, Gwinnett County, Georgia, containing 3.2882 acres, and being more particularly described as follows: TO FIND THE TRUE POINT OF BEGINNING, begin at the point formed by the intersection of the Northeastern right of way line of Dogwood Road (60 foot right of way) with the Land Lot line dividing Land Lots 41 and 42 of the 5th District, and run thence from said point of intersection along the Northeastern right of way line of Dogwood Road in a South-easterly direction 838.00 feet to an iron pin; thence continuing along said right of way run in a Southeasterly direction an arc distance of 143.15 feet to a point, which is the TRUE POINT OF BEGINNING; thence from said point of beginning run North 583603 East a distance of 597.91 feet to a point; thence run South 282452 East a distance of 237.31 feet to an iron pin; thence run South 560016 West a distance of 555.37 feet to an iron pin located on the Northeastern right of way of Dogwood Road; thence run along said right of way in a Northwesterly direction an arc distance of 264.11 feet to a point, which is the TRUE POINT OF BEGINNING. The property herein conveyed is a portion of that property shown on a Plat prepared for George W. Moon by Hannon, Meeks and Bagwell, Surveyors, dated May 16, 1985.

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TRACT NO. 4 Tax Parcel Number 5-25-49 All that tract or parcel of land lying and being in Land Lot 25 of the 5th Land District, Gwinnett County, Georgia, and described more particularly as follows: BEGINNING at the intersection of the northerly right-of-way of Oak Road and the southerly right-of-way of Mountain View Road; thence in a southeasterly direction along the northerly right-of-way of Oak Road a distance of 229 feet, more or less, to a corner with Kenneth A. Jernigan (Tax Parcel # 5-25-121); thence in a northeasterly direction along the property of Jernigan a distance of 200 feet, more or less, to the property of Joseph W. Nichols, Jr. (Tax Parcel # 5-25-122); thence in a northwesterly direction along the property line of Nichols a distance of 130 feet, more or less, to the southerly right-of-way of Mountain View Road; thence in a southwesterly direction along the southerly right-of-way of Mountain View Road a distance of 224.6 feet to the northerly right-of-way of Oak Road and the place or point of beginning. TRACT No. 5 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 #2, consisting of 0.436 acres as shown on plat of survey for Richard L. Cofer and Louie M. Cofer, prepared by Hannon Meeks, Surveyors, Lawrenceville, Georgia, on November 12, 1971, and being more particularly described as follows: TO FIND THE TRUE POINT OF BEGINNING commence at the common corners of Land Lots 38, 59, 37 and 60; thence running along the dividing line of Land Lots 59 and 6, north 58 degrees 35 minutes east 372.3 feet to an iron pin; thence continuing north 58 degrees 35 minutes east 738.5 feet to an iron pin; thence running north 58 degrees 26 minutes east 126.9 feet to an iron pin; thence north 23 degrees 08 minutes west 478.6 feet to an iron pin; thence continuing north 23 degrees 08 minutes west 204 feet to an

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iron pin set on the south right-of-way of U. S. Highway #78, thence running across U. S. Highway #78 north 65 degrees 59 minutes east 127.13 feet to a point on the north right-of-way of said U. S. Highway #78 and THE TRUE POINT OF BEGINNING: thence running north 49 degrees 30 minutes east 103 feet to a point; thence north 46 degrees 06 minutes east 100.5 feet to a point; thence south 30 degrees 56 minutes east 193.7 feet to an iron pin set on the north right-of-way line of U. S. Highway #78; thence running along the north right-of-way line of U. S. Highway #78, north 83 degrees 16 minutes west 252 feet to the point of beginning. TRACT NO. 6 Tax Parcel Numbers, 5-59-17, 5-60-2, 5-60-34, 5-60-36 All those tracts or parcels of land lying and being in Land Lot 59 and 60 of the 5th Land District, Gwinnett County, Georgia, and described more particularly as follows: To find the place or point of beginning, commence at the intersection of the southerly right-of-way of U. S. Highway No. 78 (Also known as Georgia Highway No. 10) and the westerly right-of-way of Rockdale Circle; thence in a southerly direction along the westerly right-of-way of Rockdale Circle a distance of 167 feet, more or less, to a corner with the property of Virgil Gordon (Tax Parcel #5-59-14) being the point of beginning; thence continue in a southerly direction along said right-of-way a distance of 1012 feet, more or less, to a corner with Gary W. Lee (Tax Parcel #5-60-23); thence in a westerly direction along the property line of Gary W. Lee a distance of 247 feet, more or less, to a corner; thence in a northwesterly direction along the property line of Gary W. Lee a distance of 378 feet, more or less, to a corner of Hazel L. Lee (Tax Parcel #5-60-11) being on the City Limit line; thence in a northerly direction along the City Limit line 531 feet, more or less, to the Land Lot line dividing Land Lot 59 and Land Lot 60; thence northeasterly along said Land Lot line a distance of 150 feet, more or less, to a corner with Evergreen Estates Subdivision; thence in a northwesterly direction along the northeasterly subdivision line of Evergreen Estates a distance of 478 feet, more or less, to a corner of Virgil Gordon being on the City Limit line; thence

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in an easterly direction along the property line of Gordon, being the City Limit line, a distance of 408 feet, more or less, to the westerly right-of-way of Rockdale Circle and the place or point of beginning. TRACT NO. 7 Tax Parcel Numbers 5-4-18, 5-4-21 All those tract or parcels of land lying and being in Land Lot 4 of the 5th Land District, Gwinnett County, Georgia, and described more particularly as follows: BEGINNING at the intersection of Land Lot line Dividing Land Lot 4 and Land Lot 29, being the City Limits line, and the easterly right-of-way of Lenora Church Road; thence in a southeasterly direction along said Land Lot line a distance of 990 feet, more or less, to a corner with Oglethorpe Power Corporation (Tax Parcel #5-4-16); thence in a northwesterly direction along the property line of Oglethorpe Power, being the City limit line, a distance of 792 feet, more or less, to the easterly right-of-way of Lenora Church Road; thence in a northerly direction along the easterly right-of-way of Lenora Church Road a distance of 469 feet, more or less, to the dividing line between Land Lot 4 and Land Lot 29 and the place or point of beginning. TRACT NO. 8 Tax Parcel Numbers 5-69-7, 5-69-13 All those tracts or parcels of land lying and being in Land Lot 69 of the 5th Land District, Gwinnett County, Georgia, and described more particularly as follows: To find the place or point of beginning, commence at the intersection of the westerly right-of-way of Summit View Court and the southerly right-of-way of Crestview Drive; thence in a southwesterly direction along the southerly right-of-way of Crestview Drive a distance of 749 feet, more or less, to a point, being the point of beginning; thence continue along the southerly right-of-way of Crestview Drive a distance of 441 feet, more or less, to a corner with Dorian

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Cove Subdivision (Unit One); thence in a southerly direction along the Dorian Cove Subdivision line a distance of 214 feet, more or less, to a corner with Summit View Subdivision; thence in an easterly direction along the Summit View Subdivision line a distance of 209 feet, more or less, to a corner with Tax Parcel # 5-69-55; thence in a northerly direction along the Summit View Subdivision line a distance of 35 feet, more or less, to a corner with Tax Parcel # 5-69-54; thence in a northeasterly direction a distance of 299 feet, more or less, along the Summit View Subdivision line to the southerly right-of-way of Crestview Drive and the place or point of beginning. TRACT NO. 9 Tax Parcel Numbers 5-101-7, 5-101-22, 5-101-29 All those tracts or parcels of land lying and being in Land Lot 101 of the 5th Land District, Gwinnett County, Georgia, and described more particularly as follows: Begin at the intersection of the easterly right-of-way of Cooper Road and the northerly right-of-way of U. S. Highway No. 78 (also known as Ga. Highway No. 10); thence in an easterly direction along the northerly right-of-way of U. S. Hwy. 78 a distance of 314 feet, more or less, to a corner with Ellis L. Brooks (Tax Parcel #5-101-8); thence in a northeasterly direction along the property of Brooks, being the City Limit line, a distance of 275 feet, more or less, to a corner with Rex Greene (Tax Parcel #5-101-13); thence in a northwesterly direction along the property of Greene, being the City Limit line, a distance of 308 feet, more or less, to the easterly right-of-way of Cooper Road; thence in a southerly direction along the easterly right-of-way of Cooper Road a distance of 305 feet, more or less, to the northerly right-of-way of U. S. Hwy. 78 and the place or point of beginning. 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 1989 Session of the General Assembly of Georgia a local bill to amend the charter of the City of Snellville, Gwinnett County, Georgia, redefining the corporate boundaries of the City of Snellville, Gwinnett County, Georgia, in accordance with the City Charter and by law and to repeal conflicting laws. This 24th day of January, 1989. Rep. Mike Barnett District 59 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 27, 1989. /s/ O. M. Barnett Representative, 59th District

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Sworn to and subscribed before me, this 30th day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved April 13, 1989. GWINNETT COUNTY RECREATION AUTHORITY MEMBERSHIP; APPOINTMENT; TERMS; EXPENSES; DEBT. No. 625 (Senate Bill No. 202). AN ACT To amend an Act creating the Gwinnett County Recreation Authority, approved April 17, 1975 (Ga. L. 1975, p. 3108), as amended, so as to change the composition, method of appointment, and terms of the authority and certain residency and quorum requirements; to provide limitations upon which persons may be members of the authority; to change the provisions relating to reimbursement of expenses; to change the provisions relating to definitions; to provide limitations regarding debt; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the Gwinnett County Recreation Authority, approved April 17, 1975 (Ga. L. 1975, p. 3108), as amended, is amended by striking Section 2 thereof and inserting in its place a new section to read as follows:

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Section 2. Gwinnett County Recreation Authority. 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. The Authority shall consist of members who shall be residents of Gwinnett County and who shall be appointed by the Board of Commissioners of Gwinnett County. Neither the chairman nor a member of the Board of Commissioners of Gwinnett County shall be a member of the Authority. The term of office of those members of the Authority who are serving upon the Authority on June 30, 1989, shall expire July 1, 1989, and upon the appointment of their respective successors. Those successors and all future successors shall be appointed by the members and chairman of the Board of Commissioners of Gwinnett County, with each member appointing two persons to be members of the Authority and the chairman appointing one person to be a member of the Authority. Any person thus appointed to serve as a member of the Authority shall serve for a term of office which expires upon the expiration of the term of office of the commissioner or chairman who appointed that person and upon the appointment and qualification of the respective successor to that member of the Authority. Any member of the Authority may be selected and appointed to succeed himself. Immediately after such appointments, the members of such Authority shall enter upon their duties. Any vacancy on the Authority shall be filled in the same manner as was the original appointment of the member whose termination of membership resulted in such vacancy and the person so selected and appointed shall serve for the remainder of the unexpired term. The Authority shall elect one of its members as chairman and another member as vice-chairman and it shall

Page 5000

also elect a secretary and treasurer, who does not necessarily have to be a member of the Authority and if not a member he or she shall have no voting rights. A majority of the members of the Authority shall constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the Authority. The members of the Authority shall be reimbursed for all actual expenses incurred in the performance of their duties out of funds of the Authority and in accordance with the same policies and procedures established by the Merit System Board of Gwinnett County for reimbursement of expenses of county employees in the classified service. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. Section 2. Said Act is further amended by striking subsection (b) of Section 3 thereof and inserting in its place a new subsection to read as follows: (b) The word `project' shall be deemed to mean and include the acquisition, construction, equipping, maintenance and operation of 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, gymnasiums, 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 recreation facilities and areas, deemed by the Authority to be necessary, convenient or desirable. Section 3. Said Act is further amended by striking subsection (i) of Section 4 thereof and inserting in its place, a new subsection to read as follows: (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

Page 5001

same and for the rights of the holders thereof; but in no event shall revenue bonds or any other debt of the Authority be an obligation of Gwinnett County other than the one mill levied for recreational purposes. The aggregate amount of all debt, including but not limited to bonds, notes, and other indebtedness, authorized to be issued or incurred by the Authority shall not exceed $50 million. The amount of all debt of the Authority existing on July 1, 1989, shall be aggregated with the amount of new debt of the Authority issued or incurred after that date for purposes of the $50 million limitation, notwithstanding the payment or other satisfaction of any such debt by the Authority. The amount of debt incurred to fund or refund previously existing debt shall not be included within that $50 million limitation if the amount of the previously existing debt has already been included within the limitation, the term of the funding or refunding debt does not extend beyond the term of that previously existing debt, and the total interest on the funding or refunding debt does not exceed the total interest to be paid on the previously existing debt, but the principal amount of debt incurred in connection with such funding or refunding may exceed the principal amount being funded or refunded only to the extent necessary to reduce the total principal and interest payment requirements over the remaining term of the previously existing debt being funded or refunded. No new revenue bonds or indebtedness of the Authority may be issued or incurred unless such action is approved by both the Authority and the Board of Commissioners of Gwinnett County in a regularly scheduled meeting of such Authority and board, respectively. 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 1989 session of the General Assembly of Georgia a bill to amend an Act creating the Gwinnett County Recreation Authority, approved April 17, 1975 (Ga. L. 1975, p. 3108), as amended; to repeal conflicting laws; and for other purposes.

Page 5002

This 11 day of January, 1989. -s- R. T. Phillips Honorable R. T. Phillips Senator, 9th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. T. Phillips, who, on oath, deposes and says that he is Senator from the 9th 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 20, 1989. /s/ R. T. Phillips Senator, 9th District Sworn to and subscribed before me, this 24th day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved April 13, 1989.

Page 5003

COBB COUNTY STATE COURT; COSTS. No. 630 (Senate Bill No. 327). 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 28, 1986 (Ga. L. 1986, p. 5049), and an Act approved March 24, 1988 (Ga. L. 1988, p. 4735), 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, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5049), and an Act approved March 24, 1988 (Ga. L. 1988, p. 4735), is amended by striking from Section 20 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 service - each 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

Page 5004

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 over - each additional defendant..... 10.00 Exemplified copy..... 5.00 Certified copy - stamp 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 The clerk shall not be required to file any of the above documents until the full cost has been paid., and inserting in lieu thereof the following:

Page 5005

CLERK Each party at the time of filing an action or proceeding of any character in the State Court of Cobb County, irrespective of how it shall be terminated, 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: Civil actions of every character (includes suits, all garnishments, proceedings against tenants holding over, foreclosures of personalty, distress warrants, and any other action which by law may be filed in the State Court of Cobb County)..... $30.00 Marshal's first entry of service each 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 Garnishment reissue..... 20.00 Plaintiff's traverse of garnishment..... 15.00 Exemplified copy..... 5.00 Certified copy stamp and seal..... 3.00 Plus each page copied......25 Alias fi. fa...... 5.00 Supplemental proceedings to be served by marshal. 20.00 Rush papers..... 5.00 Notice of appeal..... 5.00

Page 5006

Preparing Department of Public Safety letter..... 5.00 All bonds filing and approving..... 10.00 Motion for 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 Each subpoena issued..... 1.00 The clerk shall not be required to file any of the above documents until the full cost has been paid. The clerk may charge and collect the same fees clerks of the superior courts are authorized to charge and collect under Chapter 6 of Title 15 of the O.C.G.A. for any fee not specified in this Act. Section 2. Said Act is further amended by striking from Section 20 the following: MARSHAL For levying each fi. fa...... $15.00 For each search and return of nulla bona..... 10.00 For advertising personal property for sale..... 10.00 Plus actual expense(s) incurred For settling fi. fa. from Cobb County..... 13.00 For marshal's bill of sale to personalty..... 15.00 For settling fi. fa. from other counties..... 13.00 For serving subpoenas..... 4.50

Page 5007

For serving motions and orders from other counties or courts or any pleading after judgment from this court..... 15.00 For serving copy of process from other counties and returning original (to be paid in advance)..... 15.00 For settling execution from justice's court..... 15.00 Following property out of county with attachment, for every mile going and returning (at a per mile rate of)......25 For commission on sale of personal property on sum of $1,000.00 or less..... 10% For commission on sale of personal property on sum in excess of $1,000.00..... 7% Service of certified copies from other counties..... 15.00 Third party complaint to be served..... 10.00 For certified copy..... 3.00 Plus, per page......25 For levying on writ of possession from Cobb County..... 15.00 For keeping and feeding animals the actual expense(s) incurred For service of process by an officer of this court out of Cobb County mileage going and returning (at a per mile rate of)......25 For levying on writ of possession from other counties..... 15.00, and inserting in lieu thereof the following:

Page 5008

MARSHAL For levying each fi. fa...... $15.00 For each search and return of nulla bona..... 10.00 For advertising personal property for sale..... 10.00 Plus actual expense(s) incurred For settling fi. fa. from Cobb County..... 13.00 For marshal's bill of sale to personalty..... 15.00 For settling fi. fa. from other counties..... 13.00 For serving subpoenas..... 4.50 For serving dispossessory..... 20.00 Plus for each additional defendant..... 20.00 For serving motions and orders from other counties or courts or any pleading after judgment from this court..... 15.00 For serving copy of process from other counties and returning original (to be paid in advance)..... 15.00 For settling execution from magistrate's court..... 15.00 Following property out of county with attachment, for every mile going and returning, a per mile rate of......25 For commission on sale of personal property on sum of $1,000.00 or less..... 10% For commission on sale of personal property on sum in excess of $1,000.00..... 7% Service of certified copies from other counties..... 15.00

Page 5009

Third party complaint to be served..... 10.00 For certified copy..... 3.00 Plus, per page......25 For levying on writ of possession from Cobb County 15.00 For dispossessing tenant..... 20.00 Plus for each additional defendant..... 20.00 For keeping and feeding animals the actual expense(s) incurred For service of process by an officer of this court out of Cobb County, mileage going and returning at a per mile rate of......25 For levying on writ of possession from other counties..... 15.00 The marshal may charge and collect the same fees that he is authorized to charge and collect under Chapter 6 of Title 15 of the O.C.G.A. for any fee not specified in this Act. Section 3. This Act shall become effective on July 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 1989 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, provided April 11, 1979) (Ga. L. 1979, p. 4197) and for other purposes.

Page 5010

This day of 1989. Honorable Sallie Newbill Senator, 56th District 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 10, 1989. /s/ Sallie Newbill Senator, 56th District Sworn to and subscribed before me, this 13th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989. Approved April 13, 1989.

Page 5011

CITY OF AUBURN NEW CHARTER. No. 659 (House Bill No. 966). AN ACT To amend an Act creating a new charter for the City of Auburn, approved February 17, 1949 (Ga. L. 1949, p. 807), as amended, so as to provide a new charter for the City of Auburn; 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 provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a new charter for the Town of Auburn, approved March 17, 1949 (Ga. L. 1949, p. 807), as amended, is amended by striking Sections 1 through 58 in their entirety and inserting in lieu thereof the following:

Page 5012

ARTICLE I INCORPORATION AND POWERS Section 1.10. Incorporation. This city and the inhabitants thereof are constituted and declared a body politic and corporate under the name and style of the `City of Auburn, Georgia,' and by that name 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 which area is described in Exhibit `A' which is attached hereto and incorporated herein by reference. Alterations of the boundaries of this city may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map to be retained permanently in the office of the city clerk and to be designated: `Official Map of the Corporate Limits of the City of Auburn, Georgia.' Photographic, typed, or other copies of such map certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as 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) 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. 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

Page 5013

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 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;

Page 5014

(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 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 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

Page 5015

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; (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, 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;

Page 5016

(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 aesthetically 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 such public transportation systems as are deemed beneficial;

Page 5017

(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 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; 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 for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system;

Page 5018

(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 (41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary

Page 5019

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 1.14. 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 GOVERNMENT STRUCTURE Section 2.10. City council creation; number; election. The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and four councilmembers. The mayor and councilmembers shall be elected in the manner provided by this charter. Section 2.11. City council terms and qualifications for office. The members of this city council shall serve for terms as provided for in this charter 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 a period of one year preceding the date of the election of the mayor or members of the city council and must be a qualified voter in municipal elections for officers of this city; and the mayor or councilmember shall continue to reside therein during his period of service and to be registered and qualified to vote in municipal elections of this city.

Page 5020

Section 2.12. Vacancies; 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, if any, as provided for in this charter. Section 2.13. Compensation and expenses. The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance. Section 2.14. Holding other office; voting when personally interested. (a) Except as authorized by law, the mayor or any councilmember shall not hold any other city office or other 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 other matter in which he shall receive a personal gain. 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 council shall be punished as provided by ordinance. Section 2.16. General power and authority of the city council. Except as otherwise provided by this charter, the city council shall be vested with all the powers of government of this city as provided by Article I of this charter. Section 2.17. Eminent domain. The city council is empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective,

Page 5021

detentional, penal, and medical institutions, agencies, and facilities and any other public improvements inside or outside the city, and to regulate the use thereof and, for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future. Section 2.18. Organizational meetings. The city council shall hold an organizational meeting on the first Thursday 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 this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America.' Section 2.19. Regular and special meetings. (a) The city council shall hold regular meetings at such times and places as prescribed by ordinance. The council may recess any regular meeting and continue such meetings on any date or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting. (b) The mayor and city council may hold special meetings and may transact business therein in accordance with the law. (c) All meetings of the city council may be public in accordance with applicable law. Section 2.20. Procedures. (a) The city council shall adopt rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings which shall be a public record. (b) All committees and committee chairmen and officers of the city council shall be appointed by the mayor, with consent of the council, and shall serve at the pleasure of the mayor. The mayor, with consent of the council, shall have the power to appoint new members to any committee at any time.

Page 5022

Section 2.21. Quorum; voting. The mayor or mayor pro tempore and two 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 the majority of the members present shall be required for the adoption of any ordinance, resolution, or motion. Section 2.22. Action requiring ordinances. Acts of the city council which have the force and effect of law shall be enacted by ordinance. Section 2.23. Ordinances; forms; procedures. (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 Auburn hereby ordains...' 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. Section 2.24. Codes of technical regulations. The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally. Section 2.25. Signing; authentication; 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. (b) The city shall provide for the preparation of a general codification, if prepared, 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

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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 Auburn, 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 therein. The city council shall make such further arrangements as are 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 2.26. Election of mayor; forfeiture; compensation. The mayor shall be elected for and shall serve for a term as provided by the charter and state law and until his successor is elected and qualified. The mayor shall be a qualified elector of this city and shall have been a resident of the city for one year immediately preceding his election. The mayor shall continue to reside in this city during the period of his service. The mayor shall forfeit his office 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 2.27. Mayor pro tempore. By a majority vote, at the first regular meeting of the mayor and council in each year, they shall elect a councilmember to serve as the mayor pro tempore. The mayor pro tempore shall assume the duties and powers of the mayor during the mayor's disability or absence. If the mayor pro tempore is absent because of sickness or disqualification, any one of the remaining councilmembers, chosen by the members present, shall be clothed with all the rights and privileges of the mayor and shall perform the mayor's duties.

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Section 2.28. 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 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) Vote only in case of a tie or in case only one vote is needed to pass any motion, resolution, ordinance, or other question before the council; (6) Call special meetings of the city council as provided for in subsection (b) of Section 2.19 of this charter; (7) Approve or disapprove ordinances as provided in Section 2.29 of this charter; and (8) Perform such other duties as may be required by law, this charter, or ordinance. Section 2.29. 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. (b) The mayor, within ten calendar days of receipt of an ordinance, shall 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 at 12:00 Noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the city clerk a written statement of the reasons for the veto. The city clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor.

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(c) Ordinances vetoed by the mayor shall be presented by the city clerk to the city council at its next meeting. If the city council then or at its next general meeting adopts the ordinance by an affirmative vote of three members, it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided 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 III ADMINISTRATIVE AFFAIRS Section 3.10. Administrative 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 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. 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

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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, ordinance, or by other 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 such member 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 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 3.12. City attorney. The mayor and city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party, may be the prosecuting officer in the municipal court, shall attend the meetings of the council as directed, shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs, and shall perform such other duties as may be required of him by virtue of his position as city attorney. Section 3.13. City clerk. The mayor and 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 3.14. City treasurer. The mayor and council may designate the city clerk or some other person as city treasurer and may designate a certain bank as city depository. The city treasurer shall be responsible for the general duties of a fiscal officer and such other duties as may be provided by ordinance. 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 Auburn. Section 4.11. Chief 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 and shall be a member of the State Bar of Georgia. Any and all judges shall be appointed by the city council.

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(c) Compensation of the judges shall be fixed by ordinance. (d) Judges may be removed for cause by a vote 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 2.20 of this charter. 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. Such punishment shall not exceed $200.00 or 15 days of imprisonment and labor on the public works of the city, or by both such fine and imprisonment. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment and labor on the public works of the city for one year 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 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 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

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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. 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 may 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 Barrow 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 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 Chapter 3 of Title 21 of the O.C.G.A., the `Georgia Municipal Election Code,' as now or hereafter amended. Section 5.11. Election of the city council and mayor. (a) There shall be a municipal general election as provided by this charter and state law on the Tuesday next following the first Monday in November. (b) On the Tuesday next following the first Monday in November, 1989, there shall be elected a mayor and two councilmembers, whose terms of office shall be for two years, beginning on the first day of January following their election in 1989, and each of said officers shall hold office until his successor is elected and qualified. Beginning on the Tuesday next following the first Monday in November, 1990, pursuant to Code Section 21-3-62 of the O.C.G.A., there shall be elected two councilmembers whose terms of office shall expire on December 31, 1993. There shall be elected a mayor and two councilmembers on the Tuesday next following the first Monday in November, 1991, whose terms of office shall expire on December 31, 1995. (c) Pursuant to Code Section 21-3-62 of the O.C.G.A., a municipal election shall be held on the Tuesday next following the first Monday in November in 1993, and on such day biennially thereafter. Municipal officers elected in the City of Auburn in November of 1993 shall have their terms commence in January following the municipal elections. Pursuant to Code Section 21-3-63

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of the O.C.G.A., effective with the November, 1993, election, all municipal officers elected in the general municipal election and biennially thereafter shall be elected for terms of four years with their terms commencing on the first day of January following the election. (d) It is an intent of this section of the charter of the City of Auburn that the elected officials of the City of Auburn serve staggered terms with two councilmembers to be elected in 1993 and every four years thereafter and with the mayor and two councilmembers to be elected in 1995 and every four years thereafter. Section 5.12. Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party labels. Section 5.13. 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 90 days of the expiration of the term of that office, a successor shall be elected at the next regularly scheduled election. In all 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 5.16. Removal of officers. (a) The mayor or councilmembers may be removed from office for any one or more of the following causes: (1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any qualifications of office as provided by this charter or by law;

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(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 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 Barrow 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 Barrow County following a hearing on a complaint seeking such removal brought by any resident of the City of Auburn. 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.

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Section 6.11. Millage; rate; due dates; payment methods. The city council by ordinance shall establish a millage rate for the city property tax, a due date, and 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 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; permits; fees. 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 to 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

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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 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. Special assessments. The city council by ordinance shall have the power to assess 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. Construction; 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 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 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.

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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 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. 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 60 days prior to the beginning of each fiscal year, the city clerk 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 clerk 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 or she may deem pertinent. The operating budget and the capital improvements budget provided for in this charter, and all supporting documents shall be filed with the judge of the municipal court and shall be open to public inspection.

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Section 6.25. Action by city council on budget. (a) The city council may amend the operating budget proposed by the city clerk, 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 the fifteenth day of the first month of the fiscal year. If the city council fails to adopt the budget by said 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 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. 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 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 appropriations. The city 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 purpose, but any additional

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appropriations may be made only from an existing unexpended surplus. Section 6.28. 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 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 6.29. Contracting procedures. No contract with the city shall be binding on the city unless: (1) It is in writing; or (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 2.21 of this charter. Section 6.30. Centralized purchasing. The city council may by ordinance prescribe procedures for a system of centralized purchasing for the city. Section 6.31. 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 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

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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 war 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 may 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 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 completed by such city agencies, personnel, or offices as may be provided by the city council. Section 7.13. 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 2. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection,

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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 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4. All laws and parts of laws in conflict with this Act are repealed. EXHIBIT A All that area described as follows: ORIGINAL CORPORATE LIMITS All that tract or parcel of land lying and being within one-half mile in every direction from the 227th milepost on the G., C. N.R.R.; and the following additional area: PARCEL A: All that tract or parcel of land lying in the Auburn and Ben Smith district of Barrow County, Georgia, and being designated as lots 1 through 26 on a plat of survey entitled Property of Edwin C. McDaniel prepared by Robert T. Black, dated July, 1967, which plat is recorded in plat book 5, page 250, Barrow County, Georgia records, which plat is incorporated herein by reference for a more particular description. PARCEL B: All that tract or parcel of land lying and being in General Militia District 1740, Barrow County, Georgia containing 4.00 acres and being more particularly described as follows: Beginning at a point located on the northerly boundary of Main Street, which point is located 932.4 feet in a southeasterly direction as measured along said right-of-way from the point where said right-of-way intersects the centerline of Third Street; thence running north 3400 west a distance of 400 feet to an iron pin; thence running south 5645 west a

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distance of 450.7 feet to an iron pin; thence running south 3902 east a distance of 403.0 feet to an iron pin located on the northerly right-of-way of Main Street; thence running along said right-of-way north, 5747 east a distance of 215.5 feet to a point; thence continuing along said right-of-way north 5522 east a distance of 200 feet to the point of beginning. Said parcel of land being shown on the plat of survey entitled Closing Plat for Laura P. Davis and Jack C. Davis prepared by W. T. Dunahoo Associates, Inc. dated October 28, 1982, which plat is incorporated herein by reference for a more particular description. PARCEL C: All that tract or parcel of land lying and being in Barrow County, Georgia, being more particularly described as follows: Beginning at a point where the northerly right-of-way of Auburn County Line Road intersects the westerly right-of-way of Parks Mill Road; thence running along said right-of-way of Auburn County Line Road, south 6328 west a distance of 370.3 feet to an iron pin; thence leaving said right-of-way and running north 4253 west a distance of 793.1 feet to an iron pin; thence running south 7815 west a distance of 924.0 feet to an iron pin; thence running north 2750 west a distance of 664 feet to an iron pin; thence running north 6549 east a distance of 1,099.2 feet to an iron pin; thence running north 658 east a distance of 399.4 feet to an iron pin located on the westerly right-of-way of Parks Mill Road; thence running along said right-of-way of Parks Mill Road south 2750 east a distance of 353.2 feet to a point; thence running south 2530 east a distance of 298.8 feet to an iron pin; thence continuing along said right-of-way south 2530 east a distance of 165.7 feet to a point; thence continuing along said right-of-way south 2754 east a distance of 785.6 feet to the point of beginning. Said tract of land being designated as Tract No. 1 containing 22.18 acres, and Tract No. 2 containing 13.27 acres as shown on an untitled plat provided to the City of Auburn and to the Secretary of State on the annexation of the property of Don Cochran, which plat is incorporated herein by reference for a more particular description. PARCEL D: All that tract or parcel of land lying and being in GMD 316, Barrow County, Georgia, being more particularly described as follows: Beginning at a point located on the southerly right-of-way of Carl Cedar Hill Road which point is located 1,311.9 feet as measured along said

Page 5041

right-of-way in a easterly direction from the point where said right-of-way intersects the right-of-way of Old Bankhead Highway; thence running north 40106 west a distance of 62.6 feet to an iron pin located on the northerly right-of-way of Carl Cedar Hill Road; thence running north 40106 west a distance of 362.89 feet to an iron pin; thence running north 354857 west a distance of 252.32 feet to an iron pin; thence running north 361428 west a distance of 544.81 feet to an iron pin; thence running north 361221 west a distance of 198.80 feet to an iron pin; thence running north 361550 west a distance of 800.43 feet to an iron pin; thence running north 423330 west a distance of 746.21 feet to an iron pin; thence running north 50137 east a distance of 393.68 feet to an iron pin located on the westerly right-of-way of Carter Road; thence running north 50004 east a distance of 383.36 feet to an iron pin; thence running north 502753 east a distance of 837.48 feet to an iron pin; thence running south 24753 east a distance of 2,284.79 feet to a point; thence running south 241942 east a distance of 358.78 feet to a point located on the northerly right-of-way of Carl Cedar Hill Road; thence continuing south 235413 east a distance of 84.72 feet to an iron pin located on the southerly right-of-way of Carl Cedar Hill Road; thence running south 235413 east a distance of 707.44 feet to an iron pin; thence running south 474849 west a distance of 755.34 feet to an iron pin; thence running north 403156 west a distance of 377.75 feet to the point of beginning. Said parcel of land be composed of Tract 1 containing 25.07 acres, Tract 2 containing 7.46 acres, Tract 3 containing 19.92 acres, Tract 4 containing 3.88 acres, Tract 5 containing 19.57 acres and Tract 6 containing 8.47 acres as shown on a survey for Ruby Carter or Gladys Carter and Ruby Oliver Carter prepared by W. T. Dunahoo Associates, Inc. dated September 17, 1985, which survey is incorporated herein by reference for a more particular description. Less and Except: Any portion of the property lying within the corporate boundaries of Carl, Georgia. PARCEL E: All that tract or parcel of land being in GMD 316, Barrow County, Georgia, being more particularly described as follows: Beginning at a point where the northerly right-of-way of Carl Cedar Hill Road intersects the westerly right-of-way of B. Robinson Road and following said right-of-way of Carl Cedar Hill Road; south 505135 west a distance of 149.3 feet to a point; thence continuing along said right-of-way

Page 5042

way south 492930 west a distance of 158.00 feet to a point; thence continuing along said right-of-way south 495 west a distance of 810 feet to a point; thence continuing along said right-of-way south 493231 west a distance of 100.58 feet to a point; thence continuing along said right-of-way south 50183 west a distance of 100.06 feet to a point; thence continuing along said right-of-way south 52819 west a distance of 99.17 feet to a point; thence continuing along said right-of-way south 5241 west a distance of 200 feet to a point; thence continuing along said right-of-way south 525615 west a distance of 467.63 feet to an iron pin; thence leaving said right-of-way and running north 203534 west a distance of 960.13 feet to an iron pin; thence running south 36841 west a distance of 819.13 feet to an iron pin; thence running north 284354 west a distance of 1,738.64 feet to the TRUE POINT OF BEGINNING. Thence running south 532249 west a distance of 380.87 feet to an iron pin; thence running south 24753 east a distance of 60 feet to an iron pin; thence running north 533025 east a distance of 385.11 feet to an iron pin; thence running north 284354 west a distance of 60 feet to the true point of beginning. Said tract of land containing.52 acres and being designated as Tract 2 on a plat of survey prepared for Terry Parks by W. T. Dunahoo Associates, Inc. dated April 10, 1986 as revised May 1, 1986 which plat is incorporated herein by reference for a more particular description. PARCEL F: All that tract or parcel of land lying and being in the 316th District, G.M., State of Georgia, County of Barrow, encompassing 135.92 acres and being more particularly described and delineated according to a plat and survey prepared by W. T. Dunahoo and Associates, Inc., certified by W. T. Dunahoo, Georgia Registered Surveyor No. 1577, dated April 10, 1986, entitled Survey for Terry Parks, said plat being of record in the Office of the Clerk of Superior Court of Barrow County, Georgia, in Plat Book 20, Page 223; which said plat and the recording thereof are by reference hereto incorporated herein for a more complete and detailed description. PARCEL G: All that tract or parcel of land lying and being in the 316th District, G.M., State of Georgia, County of Barrow, encompassing 30.00 acres and being more particularly described and delineated according to a plat and survey prepared by W. T. Dunahoo and Associates, Inc.,

Page 5043

certified by W. T. Dunahoo, Georgia Registered Surveyor No. 1577, dated April 3, 1986, entitled Survey for Terry Parks, said plat being of record in the Office of the Clerk of Superior Court of Barrow County, Georgia, in Plat Book 25, Page 164; which said plat and the recording thereof are by reference hereto incorporated herein for a more complete and detailed description. PARCEL H: TRACT I: All that tract or parcel of land lying and being in the Auburn Militia District, G. M., Barrow County, Georgia, more particularly described as follows: BEGINNING at a rock corner on the public road formerly known as the Flowery Branch Road, and running along the East side of said road in a straight line to the right of way of the Seaboard Air Line Railroad, thence east along the right of way of the Seaborad to a rock corner adjoining the lands of R. V. Wood, thence along the line of R. V. Wood in a northwesterly direction to a rock corner with the lands of R. A. Etheridge Estate and R. V. Wood, thence in the same direction to a rock corner with the lands of R. A. Etheridge Estate, thence in a westerly direction in a straight line to the beginning corner, containing 39 acres, more or less. Being the same property conveyed to L. G. Etheridge by virtue of Warranty Deed recorded in Book AA, page 471, and being the same property described in a deed recorded in Deed Book 24, Page 531, Barrow County Records which deeds are incorporated herein by reference. TRACT II: All that tract or parcel of land lying and being in Auburn, General Militia District No. 1740, Barrow County, Georgia, and being Tract Number 11 according to a plat of Etheridge Estates dated April 4, 1977, prepared by Hannon, Meeks and Bagwell, Surveyors and Engineers, Inc. Copy of said plat is recorded in Plat Book 10, page 137 in the Office of Clerk of Superior Court of Barrow County, Georgia, and reference is made thereto for more specific description of property herein conveyed. Said tract contains 38.898 acres; and All that tract or parcel of land lying and being in Auburn General Militia District No. 1740, Barrow County, Georgia, and being more particularly described as follows:

Page 5044

Beginning at a point on the westerly right-of-way of Flowery Branch Road said point being 3.147.3 feet as measured along said right-of-way in a northerly direction from the point where said right-of-way intersects the right-of-way of the Seaboard Coast Line Railroad; thence running North 6725 west a distance of 1,200 feet to the true point of beginning; thence running North 5938 west a distance of 1,328.7 feet to an iron pin located on the centerline of a branch; thence running along the centerline of said branch in a generally northeasterly direction along a traverse line having the following calls; North 3427 east 191.34 feet to a point; North 388 east a distance of 108.7 feet to a point; North 4453 east a distance of 231.47 feet to a point; South 6555 east a distance of 84.80 feet to a point; North 3517 east a distance of 238.93 feet to a point; North 4611 east a distance of 257.30 feet to an iron pin located 13 feet from the centerline of said branch; thence running South 4128 east a distance of 1,227.61 feet to an iron pin; thence running South 434 west a distance of 350 feet to a point; thence running a southwesterly direction on a line generally parallel with the right-of-way of Flowery Branch Road a distance of 300 feet more or less to the true point of beginning. Said tract of land being a portion of that property designated as Tract No. III on a Survey for McCully Realty prepared by W. T. Dunahoo and Associates, Inc. dated 8/21/78 which plat is recorded in Plat Book 14, Page 217, Barrow County records. TRACT III: All that tract or parcel of land lying in General Militia District No. 1740, Barrow County, Georgia being more particularly described as follows: Beginning at a point located on the westerly right-of-way of Flowery Branch Road which point is located 3,147.3 feet as measured along said right-of-way in a northerly direction from the point where said right-of-way intersects the right-of-way of the Seaboard Coast Line Railroad; thence running along said right-of-way North 2225 east a distance of 60 feet to a point; thence running North 6725 west a distance of 378.7 feet to a point; thence running North 2235 east a distance of 230.0 feet to a point; thence running North 6725 west a distance of 768.85 feet to an iron pin; thence running North 434 east a distance of 350.0 feet to an iron pin; thence running North 4128 west a distance of 1,127.61 feet to a point which is the true point of beginning; thence running North 4128 west a distance of 100

Page 5045

feet to an iron pin located 13 feet from the centerline of a creek, said centerline of creek being the property line; thence running along the center of said creek in a generally southwesterly direction along a traverse line having the following calls: South 4611 west a distance of 257.30 feet to a point; South 3517 east a distance of 238.93 feet to a point; thence leaving said creek and running South 4812 east a distance of 100 feet to a point; thence running in a generally northeasterly direction in a line parallel to the centerline of the creek, said line having a traverse line with the following calls: North 3517 east a distance of 238.93 feet to a point; North 4611 east a distance of 257.30 feet to a point which is the true point of beginning. Said tract of land being a 100 foot wide strip as shown on a plat of survey entitled Property of Myron E. Hoopaugh and Sandra June Hoopaugh prepared by W. T. Dunahoo and Associates, Inc. dated April 24, 1987, which plat is incorporated herein by reference for a more particular description. TRACT IV: All that tract or parcel of land lying and being in General Militia District No. 1740, Barrow County, Georgia, which property is more particularly described as follows: Beginning at a point located on the westerly right-of-way of Etheridge Road which point is located 1,790.78 feet as measured along said right-of-way in a southerly direction from the point where said right-of-way intersects the right-of-way of Mt. Moriah Road; thence running North 5941 west a distance of 1,950 feet to the true point of beginning; thence running North 5941 west a distance of 100 feet to a point located on the centerline of a creek; thence running along the centerline of said creek and following the curvature thereof in a generally southwesterly direction a distance of 375 feet to a point; thence running South 4230 east a distance of 100 feet to a point; thence running in a generally northeasterly direction along a line parallel to the line running along the centerline of said creek as described above a distance of 390 feet more or less to the true point of beginning. Said tract of land being a strip of land 100 feet wide as shown on a survey entitled Plat for Earl Royster and Glenda Faye Royster prepared by W. T. Dunahoo and Associates, Inc. dated April 24, 1987, which plat is incorporated herein by reference for a more particular description.

Page 5046

TRACT V: All that tract or parcel of land lying and being in General Militia District No. 1740, Barrow County, Georgia, which is more particularly described as follows: Beginning at a point on the westerly right-of-way of Etheridge Road which point is located 1,520.78 feet as measured along said right-of-way in a generally southerly direction from the point where said right-of-way intersects the right-of-way of Mt. Moriah Road; thence running North 5444' west a distance of 1,828 feet to the true point of beginning; thence running North 5444' west a distance of 100 feet to the centerline of a creek; thence running along the centerline of said creek in a generally southwesterly direction and following the curvature thereof a distance of 470 feet to a point; which point is located on the northerly boundary of the property now or formerly owned by Royster; thence running South 5941' east a distance of 100 feet to a point; thence running in a generally northeasterly direction along a line parallel to the line running along the centerline of the creek as described above a distance of 450 feet more or less to the true point of beginning. Said tract of land containing a strip of land 100 feet wide as shown on a plat of survey for Tad D. Milewski and Margaret Ayres Milewski prepared by W. T. Dunahoo and Associates, Inc. dated April 24, 1987, which plat is incorporated herein by reference for a more particular description. TRACT VI: All that tract or parcel of land lying and being in General Militia District No. 1740, Barrow County, Georgia, which is more particularly described as follows: Beginning at a point located on the westerly right-of-way of Etheridge Road which point is located 980.48 feet a measured along said right-of-way in a generally southerly direction from the point where said right-of-way intersects the right-of-way of Mt. Moriah Road; thence running North 4918 west a distance of 1,814 feet to the true point of beginning; thence running North 4918 west a distance of 100 feet located on the centerline of a creek; thence running along the centerline of said creek along a generally southerly direction and following the curvature thereof a distance of 790 feet to a point which point is located on the northerly boundary of the property now or formerly owned by Milewski; thence running South 5444 east a distance of 100 feet to a point; thence running in a generally northeasterly direction

Page 5047

along a line parallel to the line running along the centerline of said creek as described above a distance of 775 feet more or less to the true point of beginning; said tract of land being a strip of land 100 feet wide as shown on a plat of survey for Carlisle F. Burril and Audrey R. Burril, Paul Isgantis and Michele I. Isgantis prepared by W. T. Dunahoo and Associates, Inc. dated April 24, 1987, which plat is incorporated herein by reference for a more particular description. TRACT VII: All that tract or parcel of land lying and being in General Militia District No. 1740, Barrow County, Georgia, which is more particularly described as follows: Beginning at the point where the southwesterly right-of-way of Union Grove Road (80 foot right-of-way) intersects the northeasterly right-of-way of Wages Road; (80 foot right-of-way); thence running along said right-of-way of Union Grove Road South 522141 east a distance of 211 feet to a point; thence continuing along said right-of-way South 585520 east a distance of 203.84 feet to the true point of beginning; thence running South 72318 west a distance of 512.98 feet to an iron pin; thence running South 1606 east a distance of 1,974.61 feet to an iron pin; thence running North 61128 east a distance of 617.80 feet to an iron pin; thence running South 462230 east a distance of 275.57 feet to an iron pin; thence running along the centerline of a creek South 49128 west a distance of 757.68 feet to a point; thence continuing along the centerline of said creek South 605424 west a distance of 350.45 feet to an iron pin; thence running North 4247 west a distance of 155 feet to an iron pin; thence running North 4247 west a distance of 155 feet to an iron pin; thence running North 4247 west a distance of 1,856.67 feet to an iron pin; thence running North 342436 east a distance of 1,783.79 feet to an iron pin at the true point of beginning. Said tract of land containing 49.375 acres and being designated as Tract II on a Survey for Douglas F. Harwell prepared by W. T. Dunahoo and Associates, Inc. dated March 18, 1987, which plat is incorporated herein by reference for a more particular description. PARCEL I: TRACT I: All that tract or parcel of land lying and being in the Auburn District, Barrow County, Georgia, being more particularly described as follows:

Page 5048

BEGINNING at a point where the centerline of Auburn Kilcrease Road intersects the centerline of Lawrenceville Carl Road and running thence along the centerline of Lawrenceville Carl Road south 4135 west a distance of 300 feet to a point; thence continuing the centerline of said road south 476 west a distance of 700 feet to a point; thence leaving the centerline of said road and running south 6022 west a distance of 133 feet to a point; thence running north 827 west a distance of 359 feet to a point; thence running north 646 west a distance of 569 feet to a point; thence running north 749 west a distance of 594 feet to a point; thence running north 47 east along the boundary lines of the Green Meadows subdivision which line is also the existing city limits of the Town of Auburn, a distance of 1,725 feet to a point located on a branch; thence running along said branch as follows: south 2759 east a distance of 115 points; south 6858 east a distance of 133 feet; north 6033 east a distance of 112 feet; south 7356 east a distance of 112 feet; north 8805 east a distance of 225 feet; north 8436 east a distance of 172 feet to a point; thence running south 6028 east a distance of 972 feet to a point located on the centerline of Lawrenceville Carl Road; thence running south 4548 west a distance of 556 feet to the true point of beginning. Said tract of land containing 64.1 acres as shown on a plat of survey prepared for E.W. Hawthorne dated April 5, 1963, which plat is incorporated herein by reference for a more particular description. TRACT II. All that tract or parcel of land lying and being in General Militia District No. 316, Barrow County, Georgia, being more particularly described as follows: Beginning at a point lying on the eastern right-of-way of Kilcrease Road which point is located 4,116.7 feet along said right-of-way as measured in a northerly direction from the point where said right-of-way as measured in a northerly direction from the point where said right-of-way intersects the extended centerline of Etheridge Drive; thence running along said right-of-way of Kilcrease Road north 162500 east a distance of 20.11 feet to a point; thence running north 100205 east a distance of 50.16 feet to a point; thence running north 04 4307 east a distance of 79.73 feet to a point; thence running north 03 1852 east a distance of 141.01 feet to a point; thence running north 01 4411 east a distance of 122.60 feet to a point; thence running north 005205 west a distance of 100.43 feet to a point; thence

Page 5049

running north 04 1132 west a distance of 103.8 feet to a point; thence running north 08 4356 west a distance of 106.2 feet to a point; thence running north 14 5554 west a distance of 82.42 feet to a point; thence running north 23 5242 west a distance of 120.43 feet to a point; thence running north 30 5410 west a distance of 160.78 feet to a point thus running north 31 5430 west a distance of 32.19 feet to an iron pin; thence leaving said right-of-way and running north 49 45 east a distance of 226.04 feet to an iron pin; thence running north 28 0000 west a distance of 385.09 feet to an iron pin located on the southeasterly right-of-way of Carl Midway Church Road; thence running along said right-of-way north 32 4759 east a distance of 29.97 feet to a point; thence running north 443657 east a distance of 40.61 feet to a point; thence running north 47 4956 east a distance of 55.37 feet to a point; thence running north 48 3330 east a distance of 364.40 feet to an iron pin; thence leaving said right-of-way and running north 75 15 east a distance of 59.82 feet to a point; thence running south 73 00 east a distance of 61 feet to a point; thence running south 55 45 east a distance of 100 feet to a point; thence running south 73 00 east a distance of 100 feet to a point; thence running south 38 4105 east a distance of 244.65 feet to an iron pin; thence running south 38 4041 east a distance of 1596.19 feet to an iron pin; thence running south 49 5721 west a distance of 1,487.85 feet to an iron pin; thence running north 42 3429 west a distance of 253.33 feet to the point of beginning. Said tract of land containing 39.02 acres as shown on a plat of survey for John Etheridge prepared by W. T. Donahoo and Associates, Inc., dated June 18, 1987, which plat is incorporated herein by reference for a more particular description. TRACT III: All that tract or parcel of land lying and being in General Militia District No. 316, Barrow County, Georgia, described as follows: Beginning at a point located on the southerly right-of-way of Brown Bridge Road (40 foot right-of-way) which point is located 2,430.12 feet as measured along said right-of-way in a southwesterly direction from the point where said right-of-way intersects the centerline of Georgia Highway #324; thence running along said right-of-way south 495445 west a distance of 165.12 feet to a point; thence continuing along said right-of-way south 50 1443 west a distance of 73.16 feet to a point; thence continuing

Page 5050

along said right-of-way south 48 5500 west a distance of 108.17 feet to a point; thence continuing along said right-of-way south 47 5900 west a distance of 100 feet to a point; thence continuing along said right south 47 1225 west a distance of 138.55 feet to an iron pin; thence leaving said right-of-way and running south 40 2012 east a distance of 1,596.04 feet to an iron pin; thence running north 49 0836 east a distance of 583.00 feet to an iron pin; thence running north 40 1615 west a distance of 1,599.57 feet to the point of beginning. Said tract of land containing 21.46 acres and beginning designated as Tract I and Tract II of a survey for Governor's Ridge Limited Partnership prepared by Robert T. Black and Associates, dated May 13, 1987, which plat is incorporated herein by reference for a more particular description. Less and Except any of the property lying within the corporate boundaries of the City of Carl, Georgia. PARCEL J: All that tract or parcel of land lying and being in the General Militia District No. 1740, Barrow County, Georgia, being more particularly described as follows: BEGINNING at a point located on the westerly right-of-way of Parks Mill Road (80 foot right-of-way) which point is located 1,859 feet as measured along said right-of-way in a northwesterly direction from the point where said right-of-way intersects the centerline of Green Street; thence continuing along said right-of-way of Parks Mill Road 33 3556 west a distance of 318.50 feet to a point; thence continuing along said right-of-way north 34 degrees 15 minutes 26 seconds West a distance of 31.24 feet to an iron pin; thence leaving said right-of-way and running south 70 degrees 24 minutes 43 seconds west a distance of 1,443.82 feet to an iron pin; thence running south 26 degrees 36 minutes 51 seconds east a distance of 705.50 feet to an iron pin; thence running north 67 degrees 09 minutes 54 seconds east along a line which is the existing city limits line for the Town of Auburn, a distance of 1,098.29 feet to an iron pin; thence running north 30 degrees 41 minutes 34 seconds west a distance of 274.80 feet to an iron pin; thence running north 66 degrees 14 minutes 26 seconds east a distance of 400 feet to the point of beginning. Said tract of land containing 19.835 acres and being designated as Tract II on a plat of survey prepared for Virginia Smith Montgomery and Dora Mae Elliott by W. T. Dunahoo and Associates, Inc., dated

Page 5051

May 14, 1985, which plat is incorporated herein by reference for a more particular description. PARCEL K: TRACT I: All that tract or parcel of land lying and being in General Militia District 1740, Barrow County, Georgia, being more particularly described as follows: Beginning at a point where the easterly right-of-way of Wages Road (80 foot right-of-way) intersects the southerly right-of-way of Union Grove Road (80 foot right-of-way) and running along the southerly right-of-way of Union Grove Road south 52 degrees 21 minutes 41 seconds east a distance of 211.82 feet to a point; thence continuing along said right-of-way south 58 degrees 55 minutes 20 seconds east a distance of 203.84 feet to a point; thence leaving said right-of-way and running south 34 degrees 24 minutes 36 seconds west a distance of 1,783.70 feet to a point; thence running north 41 degrees 20 minutes 52 seconds west a distance of 288.11 feet to a point located on the easterly right-of-way of Wages Road; thence running along said right-of-way north 44 degrees 41 minutes 11 seconds east 337.84 feet to a point; continuing along said right-of-way north 43 degrees 08 minutes 48 seconds east a distance of 205.98 feet to a point; thence continuing along said right-of-way north 30 degrees 47 minutes 20 seconds east a distance of 200.32 feet; thence continuing along said right-of-way north 20 degrees 38 minutes 12 seconds east a distance of 207.45 feet to a point; thence continuing along said right-of-way north 20 degrees 47 minutes 49 seconds east a distance of 203.8 feet to a point; thence continuing along said right-of-way north 22 degrees 01 minutes 45 seconds east a distance of 203.21 feet to a point; thence continuing along said right-of-way north 23 degrees 23 minutes 34 seconds east a distance of 204.94 feet to a point; thence continuing along said right-of-way north 23 degrees 24 minutes 18 seconds east a distance of 181.81 feet to the true point of beginning. Said tract of land containing 10.94 acres and being designated as Tract I on a plat of survey entitled City of Auburn Annexation Map prepared by W. T. Dunahoo and Associates, Inc. and dated June 18, 1987, which plat is incorporated herein for a more particular description.

Page 5052

TRACT II: All that tract or parcel of land lying and being in General Militia District 1740, Barrow County, Georgia, being more particularly described as follows: Beginning at a point where the westerly right-of-way of Wages Road (80 foot right-of-way) intersects the southerly right-of-way of Union Grove Road (80 foot right-of-way); thence running along the westerly right-of-way of Wages Road south 23 degrees 24 minutes 18 seconds west a distance of 2009 feet to a point; thence running north 71 degrees 45 minutes west a distance of 750 feet to a point; thence running north 21 degrees 56 minutes east a distance of 200 feet to a point located on the southerly right-of-way of Union Grove Road; thence running along the southerly right-of-way of Union Grove Road and following the curvature thereof in a westerly direction a distance of 750 feet more or less to the true point of beginning. Said tract of land containing 3.5 acres and being designated as Tract 2 on a plat of survey entitled City of Auburn Annexation Map prepared by W. T. Dunahoo Associates, Inc. and a copy of said plat being incorporated herein by reference for a more particular description. PARCEL L: TRACT I: All that tract or parcel of land lying and being in General Militia District No. 1740, Barrow County, Georgia, being more particularly described as follows: Beginning at a point located on the northerly right-of-way of Union Grove Church Road which point is located 880 feet as measured along said right-of-way in an easterly direction from the point where said right-of-way intersects the centerline of Cronic Town Road; thence running north 09 degrees 13 minutes 17 seconds west a distance of 1,016.17 feet to a point located on Cronic Town Road; thence running along the southern boundary of Cronic Town Road and following the curvature thereof in a generally northeasterly direction a distance of 624.9 feet to a point; thence leaving said road and running south 38 degrees 40 minutes east a distance of 592.8 feet to a point; thence running south 13 degrees 50 minutes east a distance of 817.1 feet to a point; thence running north 64 degrees 19 minutes west a distance of 125.0 feet to a point; thence running south 29 degrees 40 minutes west a distance of 372.8 feet to a point located on the

Page 5053

northerly right-of-way of Union Grove Church Road; thence running along said right-of-way of Union Grove Church Road in a westerly direction and following the curvature thereof, a distance of 677 feet to the point of beginning. Said tract of land containing 25.0 acres as shown on a plat of survey prepared for Jennie Mae Sloan by W. T. Dunahoo and Associates, Inc. dated May 7, 1987, which plat is incorporated herein by reference for a more particular description. TRACT II: All that tract or parcel of land lying and being in the 1587th District, G.M. Gwinnett County, Georgia, and the 1740th G.M., Barrow County, Georgia, containing 72 acres, as shown by the certain plat of survey entitled Survey for Eric Etheridge, prepared by W. T. Dunahoo and Associates, Inc., certified by W. T. Dunahoo, Georgia Registered Surveyor No. 1577, dated January 30, 1981, and being of record in the Office of the Clerk of Superior Court of Barrow County, Georgia in Plat Book 10, Page 441; which said plat and the recording thereof are by reference incorporated herein for further identification and description. ALSO: All that tract or parcel of land situate, lying and being in the 1587th District, G.M., Gwinnett County, and the 1740th G.M. District, Barrow County, Georgia, being identified as Tract I containing 30.40 acres, as shown by that certain plat of survey entitled Survey for Mrs. Jennie Mae Sloan, prepared by Joseph L. Harwell, certified by Joseph L. Harwell, Georgia Registered Surveyor No. 2032, dated December 2, 1977, and being of record in the office of the Clerk of Superior Court of Barrow County, Georgia, in Plat Book 10, Page 170, which plat and the recording thereof are by reference incorporated herein for further identification and description. PARCEL M: Tract I: All that tract or parcel of land lying and being in G.M.D. #1740, Barrow County, Georgia, being more particularly described as follows: Beginning at a point where the southerly right-of-way of Union Grove Road intersects the westerly right-of-way of Cross Creek Court and running thence along said right-of-way of Cross Creek Court south 18 degrees 45 minutes west a distance of 233.40 feet to a point; thence continuing along said right-of-way south 18

Page 5054

degrees 9 minutes west a distance of 125 feet to a point; thence continuing along said right-of-way 17 degrees 19 minutes west a distance of 190 feet to a point; thence leaving said right-of-way and running north 64 degrees 59 minutes west a distance of 477.64 feet to the true point of beginning. Thence running south 16 degrees 00 minutes 6 seconds east a distance of 1,924.61 feet to a point; thence running north 61 degrees 01 minutes 28 seconds east a distance of 567.8 feet to a point; thence running 25 45 east a distance of 50 feet to a point; thence running south 61 degrees 01 minutes 28 seconds west a distance of 617.80 feet along the existing corporate limits of the Town of Auburn, Georgia to a point; thence running north 16 degrees 00 minutes 06 seconds west a distance of 1,974.61 feet along the existing corporate limits of the Town of Auburn to a point; thence running south 64 degrees 59 minutes east a distance of 50 feet to the point of beginning. Said tract of land being a strip of property 50 feet wide running along the rear of Lots 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, and 48 of Cross Creek Subdivision, Unit I. A plat of said subdivision being recorded in Plat Book 20, page 189, Barrow County, Georgia Records. Tract II: All that tract or parcel of land lying and being in G.M.D. #1740, Barrow County, Georgia, being known and designated as Lots 49, 50, 51, 52 and 4 of Cross Creek Subdivision, Unit I, according to a plat recorded in Plat Book 20, Page 189, Barrow County, Georgia Records, which plat is incorporated herein by reference for a more particular description. Tract III: All that tract or parcel of land lying and being in G.M.D. #1740, Barrow County, Georgia, being known and designated as Lots 1, 2, 3, 5 and 6 of Cross Creek Subdivision, Unit II, as shown according to the plat recorded in Plat Book 20, Page 213, Barrow County, Georgia Records, which plat is incorporated herein by reference for a more particular description. Tract IV: All that tract or parcel of land lying and being in G.M.D. #1740, Barrow County, Georgia, being more particularly described as follows: Lots 1, 2, 3, 4, 5, 6 and 7 of Moriah Estates Subdivision as shown on a plat recorded in Plat Book 20, Page 293, Barrow County, Georgia Records, which plat is incorporated herein by reference for a more particular description.

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Tract V: All that tract or parcel of land lying and being in G.M.D. #1740, Barrow County, Georgia, being more particularly described as follows: Beginning at a point where the southerly right-of-way of the Union Grove Road intersects the westerly right-of-way of Moriah Road running thence 12 degrees 40 minutes 00 seconds east a distance of 72.46 feet to a point; thence running south 13 degrees 37 minutes 20 seconds east a distance of 30.99 feet to a point; thence running south 75 degrees 47 minutes 15 seconds west a distance of 264.78 feet to a point; thence running north 5 degrees 27 minutes 24 seconds west a distance of 294 feet to a point located on the southerly right-of-way of Union Grove Road; thence continuing along a line north 5 degrees 27 minutes 24 seconds west across the right-of-way of Union Grove Road (80 foot right-of-way) and continuing on the northerly side of Union Grove Road to run north 5 degrees 27 minutes 24 seconds west a distance of 280 feet more or less to a point; thence running in a southeasterly direction a distance of 180 feet more or less, to a point located on the westerly right-of-way of Mt. Moriah Road, thence running along said westerly right-of-way of Mt. Moriah Road in a southwesterly direction to the point where the westerly right-of-way of Mt. Moriah Road intersects the northerly right-of-way of Union Grove Road; thence continuing through the intersection of Union Grove Road; and Mt. Moriah Road in a southeasterly direction to the true point of beginning. Said tract of land containing approximately 3.2 acres and being approximately 2.2 acres of property owned by Tim L. Taffar lying south of Union Grove Road and approximately 1 acre of property owned by Tim L. Taffar lying north of the right-of-way of Union Grove Road and west of the right-of-way of Mt. Moriah Road. Tract VI. All that tract or parcel of land lying and being in G.M.D. #1740, Barrow County, Georgia, being known and designated as Lots 1, 2, 25, 26, 27, 28, 29 and 30 of Block B and Lots 1, 11, 20 and 21 of Block A of Mulberry Woods Subdivision, Unit III, according to a plat recorded in Plat Book 20, Page 249, Barrow County, Georgia Records, which plat is incorporated herein by reference for a more particular description. Tract VII. All that tract or parcel of land lying and being in G.M.D. #1740, Barrow County, Georgia, being known and designated as Lots 2, 3, 4, 5, 6, 7, 8, 9 and 10 of Block A, Unit I, Mulberry Woods

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Subdivision according to a plat recorded in Plat Book 20, Page 181, Barrow County, Georgia Records, which plat is incorporated herein by reference for a more particular description. Tract VIII. All that tract or parcel of land lying and being in G.M.D. #1740, Barrow County, Georgia, being known and designated as Lots 1, 8, 9, 10, 11, 12, 13, 14, and 15 of Block C of Mulberry Woods Subdivision, Unit II, according to a plat recorded in Plat Book 20, page 283, Barrow County, Georgia Records, which plat is incorporated herein by reference for a more particular description. Tract IX. All that tract or parcel of land lying and being in G.M.D. #1740, Barrow County, Georgia, being known and designated as Lots 2, 3, 4, 5, 6, 7, 16 and 17 of Block C, Mulberry Woods Subdivision, Unit IV, according to a plat recorded in Plat Book 29, Page 11, Barrow County, Georgia Records, which plat is incorporated herein by reference for a more particular description. Tract X. All that tract or parcel of land lying and being in G.M.D. #1740, Barrow County, Georgia, being 38.5 acres designated as Lots 1 through 41 of Huckleberry Woods Subdivision, according to a plat recorded in Plat Book 29, Page 34, Barrow County, Georgia Records, and a small parcel of land lying between Lot 41 and the northerly right-of-way of Harmony Grove Church Road, as shown on said plat of subdivision. Said parcel of land being all of the property shown on the final plat for Huckleberry Woods Subdivision, which plat is incorporated herein by reference for a more particular description. PARCEL N: Tract I: Beginning at a point located on the easterly right-of-way of Mt. Moriah Road, which point is located 348.27 feet along said right-of-way as measured in a southwesterly direction from the point where said right-of-way intersects the right-of-way of Union Grove Road; thence continuing along said right-of-way of Mt. Moriah Road south 14 degrees 47 minutes 00 seconds east a distance of 57.70 feet to a point; thence continuing along said right-of-way south 15 degrees 16 minutes 00 seconds east a distance of 322.30 feet to a point; thence running north 83 degrees 02 minutes 00 seconds east a distance of 227.10 feet to a point; thence running north 6 degrees 57 minutes 47 seconds west a distance of 376.09 feet to a point; thence running south 83 degrees 02 minutes 00 seconds west a distance of 281.50 feet to the point of beginning. Said property being designated as Lots 1, 2, and 3 of Mt. Moriah Place Subdivision.

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PARCEL O: Tract I: Beginning at a point located on the southeasterly right-of-way of Kilcrease Road, which point is located 3,997.49 feet as measured along said right-of-way in a northeasterly direction from the point where said right-of-way intersects the centerline of Etheridge Drive. Thence continuing along said right-of-way of Kilcrease Road north 30 degrees 11 minutes east a distance of 31.41 feet, to a point; thence running north 48 degrees 45 minutes east 87.8 feet to a point; thence running south 44 degrees 43 minutes east a distance of 210.6 feet to a point; thence running 48 degrees 45 minutes east a distance of 1,487.85 feet to a point; thence continuing north 48 degrees 45 minutes east a distance of 583 feet to a point; thence running south 41 degrees 15 minutes east a distance of 10 feet to a point; thence running south 48 degrees 45 minutes west a distance of 2,080.85 feet to a point; thence running north 44 degrees 43 minutes west a distance of 210.6 feet to a point; thence running south 48 degrees 45 minutes west a distance of 107.57 feet to the point of beginning. Said tract of land containing 0.55 acres as shown on a plat prepared for Jack Knight by W. T. Dunahoo Associates, Inc., dated September 2, 1987, which plat is incorporated herein by reference for a more particular description. Tract II. All that tract or parcel of land lying and being in General Militia District 316, Barrow County, Georgia, being more particularly described as follows: Beginning at a point on the northwesterly right-of-way of Kilcrease Road, said point being located 2,485.7 feet as measured along said right-of-way in a northeasterly direction from the point where said right-of-way intersects the centerline of Etheridge Drive; thence continuing along said right-of-way north 4 degrees 21 minutes east a distance of 70.61 feet to a point; thence continuing along said right-of-way north 31 degrees 13 minutes east a distance of 62.99 feet to a point; thence continuing along said right-of-way north 41 degrees 14 minutes east a distance of 104.44 feet to a point; thence continuing along said right-of-way 45 degrees 12 minutes east a distance of 90.79 feet to a point; thence continuing along said right-of-way north 46 degrees 52 minutes east a distance of 109.0 feet to a point; thence continuing along said right-of-way north 48 degrees 16 minutes east a distance of 251.0 feet to a point; thence continuing along said right-of-way north 48 degrees 47 minutes east a distance of

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796.54 feet to a point; thence continuing along said right-of-way north 44 degrees 16 minutes east a distance of 99.88 feet to a point; thence continuing along said right-of-way north 28 degrees 37 minutes east a distance of 58.14 feet to a point; thence continuing along said right-of-way north 17 degrees 6 minutes east a distance of 94.69 feet to an iron pin; thence running north 40 degrees 41 minutes 19 seconds west a distance of 678.17 feet to an iron pin; thence running south 66 degrees 51 minutes 16 seconds west a distance of 191.0 feet to an iron pin; thence running south 73 degrees 40 minutes 56 seconds west a distance of 521.61 feet to an iron pin; thence running south 51 degrees 09 minutes 36 seconds west a distance of 295.27 feet to an iron pin; thence running north 38 degrees 44 minutes 03 seconds west a distance of 294.53 feet to an iron pin; thence running south 47 degrees 56 minutes 42 seconds west a distance of 532.42 feet to an iron pin; thence running south 54 degrees 10 minutes 24 seconds east a distance of 449.26 feet to an iron pin; thence running south 37 degrees 48 minutes 48 seconds west a distance of 458.91 feet to an iron pin; thence running south 48 degrees 35 minutes east a distance of 910.3 feet to the point of beginning. Said tract of land containing 41.66 acres and being designated as Tract 1 on a survey for A. G. Etheridge, prepared by W. T. Dunahoo Associates, Inc., dated August 20, 1987. Also a small triangular-shaped piece of property lying on the southeasterly side of Kilcrease Road containing 0.043 acres and being designated Tract 2 on a survey for A. G. Ethridge prepared by W. T. Dunahoo Associates, Inc., dated August 20, 1987, which plat is incorporated herein by reference for a more particular description of both tracts of property. PARCEL P: Tract No. I: All that tract or parcel of land lying and being in GMD 1740, Barrow County, Georgia, being more particularly described as follows: Beginning at the point where the southerly right-of-way of Quail Valley Road intersects the easterly right-of-way of Parks Mills Road and thence running along said southerly right-of-way of Quail Valley Road a distance of 252.8 feet to a point; thence running in southeasterly direction in a line which forms of 90 angle with the southerly right-of-way of Quail Valley Road along

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the westerly boundary of Lot 40 in Quail Valley subdivision a distance of 175 feet to a point; thence running south 625029 west a distance of 219.63 feet to a point located on the easterly right-of-way of Parks Mill Road; thence running along said right-of-way in a northwesterly direction a distance of 175 feet to the point of beginning. Said tract of land being a parcel of land shown as the property of Dan A. Adams, Sr. on a plat of Quail Valley subdivision Unit Two prepared by W. T. Dunahoo Associates on April 24, 1984, which plat is incorporated herein by reference for a more particular description. Tract No. II: All that tract or parcel of land lying and being in GMD 1740, Barrow County, Georgia, being more particularly described as follows: Beginning at a point located on the easterly right-of-way of Parks Mill Road (60 right-of-way) which point is located 211 feet along said right-of-way in a southeasterly direction from the point where said right-of-way intersects the centerline of Quail Valley Road; thence running north 625029 east a distance of 219.63 feet to an iron pin; thence running north 625834 east along the southerly border of Quail Valley subdivision a distance of 686.54 feet to an iron pin; thence running south 180841 east a distance of 703-70 feet to an iron pin; thence running south 722547 west a distance of 844.15 feet to an iron pin located on the easterly right-of-way of Parks Mill Road; thence running along said right-of-way north 280000 west a distance of 117 feet to a point; thence north 260000 west a distance of 104.04 feet to a point; thence north 215800 west a distance of 110 feet to a point; thence north 211700 west a distance of 121.12 feet to the point of beginning. Said tract of land containing 12.7 acres as shown on a survey for David E. Smith and Donna W. Smith prepared by W. T. Dunahoo Associates, dated August 21, 1987, which plat is incorporated herein by reference for a more particular description. Tract No. III: All that tract or parcel of land lying and being in GMD 1740, Barrow County, Georgia, being more particularly described as follows: Beginning at a point located on the easterly right-of-way of Parks Mill Road, said point being located 768.80 feet as measured along said right-of-way in a southeasterly direction from the point

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where said right-of-way intersects the centerline of Quail Valley Road; thence running north 722547 west a distance of 844.15 feet to a point; thence running south 164300 east a distance of 420 feet to a point; thence running south 400600 west a distance of 482.50 feet to a point; thence running south 645400 west a distance of 463.00 feet to a point located on the easterly right-of-way of Parks Mill Road; thence running along said right-of-way of Parks Mill Road in a northwesterly direction and following the curvature thereof a distance of 720 feet more or less to the point of beginning. Said tract of land containing 12.26 acres being owned by W. C. Smith, Jr. and L. E. Smith. PARCEL Q: All that tract of parcel of land lying and being in GMD 316, Barrow County, Georgia, being more particularly described as follows: Beginning at a point where the easterly right-of-way of Kilcrease Road intersects the southerly right-of-way of Midway Church Road, said point being located approximately one mile southwest of the city limits of Carl, Georgia, and at the corner of a cemetery; thence running in a southeasterly direction along said right-of-way of Kilcrease Road to a point where said right-of-way intersects the southerly boundary of the cemetery property; thence running south 4745 west to a point located on the westerly right-of-way of Kilcrease Road, which is the true point of beginning; thence running south 4745 west a distance of 400 feet more or less to a point; thence running north 3000 west a distance of 400 feet to a point located on the southerly right-of-way of Midway Church Road; thence running along said right-of-way south 48 west 225 feet to a point; thence running south 4245 east a distance of 1,320 feet more or less to a point located on the westerly right-of-way of Kilcrease Road; thence running in a generally northeasterly direction along the westerly right-of-way of Kilcrease Road and following the curvature thereof, 1,150 feet more or less to the true point of beginning. Said tract of land being the property of John Etheridge and being that portion of the property shown on a plat of survey for the R. A. Etheridge Estate, prepared by H. L. Dunahoo, dated July 18, 1950, containing 48 1/10 acres, which is located to the west of Kilcrease Road. The plat referred to above is incorporated herein by reference for a more particular description.

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PARCEL R: Tract No. I: All that tract or parcel of land lying and being in GMD 316, Barrow County, Georgia, containing 35.16 acres and being more particularly described as follows: Beginning at a point where the southerly right-of-way of county line road intersects the westerly right-of-way of Carter Road; thence running along Carter Road south 564700 east a distance of 266.3 feet to a point; thence continuing along Carter Road south 613800 east a distance of 297.10 feet to a point; thence continuing along said road south 640800 east a distance of 104.30 feet to a point; thence continuing along said road south 691100 east a distance of 293.00 feet to a point; thence continuing along said road south 523000 east a distance of 135.00 feet to a point; thence continuing along said road south 264600 east a distance of 80 feet to a point; thence continuing along said road south 001400 west a distance of 130 feet to a point; thence continuing along said road south 145700 east a distance of 158.00 feet to a point; thence continuing along said road south 244200 east a distance of 200 feet to a point; thence continuing along said road south 153000 east a distance of 200.00 feet to an iron pin; thence leaving said road and running south 473900 west a distance of 415.30 feet to an iron pin; thence running north 485300 west a distance of 712.30 feet to an iron pin; thence running south 613000 west a distance of 601.50 feet to an iron pin; thence running north 200400 west a distance of 1,110.40 feet to an iron pin located on southerly right-of-way of county line road; thence running along said southerly right-of-way of county line road north 622200 east a distance of 650.70 feet to the point of beginning. Said tract of land containing 35.16 acres as shown on the survey for Marrie E. Bolt, prepared by Tyson and Company dated April 16, 1968, which plat is incorporated herein by reference for a more particular description. Tract No. II: Beginning at a point where the easterly right-of-way of Carter Road intersects the southerly right-of-way of Carl County line road and running then along said southerly right-of-way of Carl County line road north 564856 east a distance of 191.88 feet; thence continuing along said right-of-way north 544113 east a distance of 130.79 feet to a point; thence continuing along said right-of-way north 501635 east a distance of 261.50 feet to a point;

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thence continuing along said right-of-way north 481500 east a distance of 132.40 feet to an iron pin; thence continuing along said right-of-way north 481500 east a distance of 398.80 feet to an iron pin; thence leaving said right-of-way and running south 361200 east a distance of 130.00 feet to an iron pin; thence running north 614900 east a distance of 269.30 feet to an iron pin; thence running south 133000 east a distance of 352.50 feet to an iron pin; thence running south 360900 east a distance of 1,142.30 feet more or less to an iron pin; thence running south 474200 west a distance of 1,066.50 feet to an iron pin located on the easterly right-of-way of Carter Road north 153000 west a distance of 200 feet; thence continuing along said right-of-way north 244200 west a distance of 200 feet; thence continuing along said right-of-way north 145700 west a distance of 113.80 feet to a point; thence continuing along said right-of-way north 145700 west a distance of 45 feet to a point; thence continuing along said right-of-way north 001400 east a distance of 130 feet to a point; thence continuing along said right-of-way north 264600 west a distance 80 feet to a point; thence continuing along said right-of-way north 523000 west a distance of 135 feet to a point; thence continuing along said road north 691100 west a distance of 293.00 feet to a point; thence continuing along said right-of-way north 640800 west a distance of 104 feet; thence continuing along said right-of-way in a generally northwesterly direction and following the curvature thereof to the point where said right-of-way intersects the southerly right-of-way of Carl County line road which is the point of beginning. Tract No. III: All that tract or parcel of land lying and being in GMD 1740, Barrow County, Georgia, being more particularly described as follows: Beginning at a point where the centerline of Carter Road intersects the centerline of Carl County line road and running thence north 22 1/4 west a distance of 1,706.00 feet to a point; thence running north 60 3/4 east a distance of 1,040.00 feet to a point; thence running south 42 1/2 east a distance of 1,439.00 feet to an iron pin located on the northerly right-of-way of Carl County line road; thence running along said right-of-way south 47 3/4 west a distance of 1,175.00 feet to a point; thence continuing along said right-of-way south 57 1/4 west a distance of 470.00 feet to the point of beginning. Said tract of land containing 50 acres as shown on a plat of survey of the property of H. C. Hutchins, dated November 19, 1955, which plat is incorporated herein by reference for a more particular description.

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Tract No. IV: All that tract or parcel of land lying and being in GMD 1740, Barrow County, Georgia, being more particularly described as follows: Beginning at a point where the westerly right-of-way of Parks Mill Road intersects the northerly right-of-way of county line road and running along said right-of-way of county line road south 6328 west a distance of 370.30 feet to an iron pin; thence running north 4353 west a distance of 793.10 feet; thence running south 7815 west a distance of 924.00 feet to an iron pin; thence running north 2900 west a distance of 12.10 feet to an iron pin; thence running north 6541 east a distance of 1,473.00 feet to an iron pin located on the westerly right-of-way of Parks Mill Road; thence running along said right-of-way south 2530 east a distance of 165.70 feet to a point; thence continuing along said right-of-way south 2754 east a distance of 785.60 feet to the point of beginning. Said tract of land containing 13.24 acres and being designated as Tract No. 2 on a plat of survey for George W. Giles Estate, prepared by W. T. Dunahoo Associates, dated August 4, 1973, which plat is incorporated by reference for a more particular description. Tract No. V: All that tract or parcel of land lying and being in GMD 1740, Barrow County, Georgia, more particularly described as follows: Beginning at a point where the easterly boundary of Parks Mill Road intersects the northerly right-of-way of county line road; thence running along said right-of-way of Parks Mill Road north 2754 west a distance of 500 feet to an iron pin which is the true point of beginning; thence continuing along said right-of-way of Parks Mill Road north 2754 west a distance of 284.40 feet to a point; thence continuing along said right-of-way north 2530 west a distance of 170 feet to an iron pin; thence leaving said right-of-way and running north 5222 east a distance of 1,840.10 feet to an iron pin; thence south 2145 east a distance of 466.00 feet to an iron pin; thence running south 0513 east a distance of 345.80 feet to an iron pin; thence running south 0020 west a distance of 577.80 feet to a point located on the northerly right-of-way of county line road; thence running along said right-of-way south 6316 west a distance of 586.30 feet to an iron pin; thence leaving said right-of-way and running north 2754 west a distance of 500 feet to an iron pin; thence running south 6312 west a distance of 778.00 feet to the true point of beginning. Said

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tract of land containing 33.24 acres and being designated Tract No. 4 on a plat of survey for George W. Giles Estate, prepared by W. T. Dunahoo Associates, dated August 4, 1973, which plat is incorporated herein by reference for a more particular description. PARCEL S: All that tract or parcel of land lying and being in GMD 1740 of Barrow County, Georgia, being more particularly described as follows: BEGINNING at a point where the Seaboard Coastline Railroad intersects the centerline of Etheridge Road and thence running along the centerline of Etheridge Road in a northerly direction along the original city limits of the Town of Auburn a distance of 1,492 feet more or less to a point where said centerline of Etheridge Road intersects a property line separating the property now or formerly owned by Overstreet from the property now or formerly owned by Don Cochran; thence running along said property line which is the then existing city limits line for the Town of Auburn north 6554 west a distance of 3,165 feet to a point located on the centerline of Rock Creek; thence running along Rock Creek and a branch flowing into Rock Creek in a southerly direction and following the meanderings thereof a distance of 2,491 feet to a point; thence leaving the centerline of said branch and running south 8130 west a distance of 671.00 feet to a point; thence running south 2600 west a distance of 1,212 feet more or less to a point where the westerly boundary of the property now or formerly owned by Alton Boxboard Company intersects the centerline of the Seaboard Coastline Railroad; thence running in a westerly direction along the centerline of the Seaboard Coastline Railroad a distance of 1,840 feet to a point where the centerline of said railroad intersects the centerline of Georgia Highway #324; thence continuing in a southwesterly direction along the old railroad bed a distance of 1,725 feet to a point; thence running in a southeasterly direction a distance of 64.7 feet to a point located on the centerline of U.S. Highway #29; thence following the centerline of U.S. Highway #29 in an easterly direction and following the curvature thereof to a point where said centerline intersects the westerly property line of the property now or formerly owned by Betty McCulley, which point is located approximately 160 feet east of the point where the centerline of Georgia Highway 324 intersects the centerline of

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U.S. Highway 29; thence leaving said centerline and running in a southwesterly direction along the property line of the property now or formerly owned by Betty McCulley a distance of 562.10 feet to a point; thence running in a westerly direction along the property line a distance of 233 feet to a point; thence running in a southwesterly direction along said property line a distance of 120 feet more or less to a point; thence running in a generally easterly direction approximately parallel with the centerline of U.S. Highway 20 a distance of 600 feet more or less to a point; thence running in a southerly direction along said property line a distance of 500 feet to a point where said property line of the property now or formerly owned by Betty McCulley intersects McCulley Drive; thence running along McCulley Drive in an easterly direction a distance of 401.40 feet to a point where the centerline of McCulley Drive intersects the centerline of Apalachee Church Road; thence running along the centerline of Apalachee Church Road in a generally southerly direction and following the curvature thereof to a point located 0.7 miles where the point where said centerline intersects the centerline of U.S. Highway 29. Said point being the point where the centerline of Apalachee Church Road intersects the property line separating the property now or formerly owned by Ray and Judy Fowler and the property now or formerly owned by Dunn-Bach Assoc., a limited partnership; thence leaving said centerline and running along said property line south 4851 east a distance of 2,787.85 feet to a point located on the centerline of the Apalachee River; thence running along the centerline of said Apalachee River which is the property line and also the boundary line between Barrow County and Gwinnett County in a generally southeasterly direction a distance of 5,600 feet more or less to an iron pin on a marked tree; thence leaving the centerline of Apalachee River and running along the property line separating the property now or formerly owned by Dunn-Bach Assoc. and the property now or formerly owned by Brown north 100602 east a distance of 1,273.99 feet to an iron pin located on the southerly right-of-way Brown Bridge Road; thence running north 001817 east a distance of 61.56 feet to an iron pin located on the northerly right-of-way of Brown Bridge Road; thence running along the centerline of Sandy Creek and following the curvature thereof in a generally northeasterly direction a distance of 2,750 feet to an iron pin; thence leaving the centerline of said creek and running north 3745 west a distance of 1,816.10 feet to an iron pin; thence running north 4830 east a distance of

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1,041.00 feet to a point; thence running south 3735 east a distance of 2,240.00 feet to a point located on the centerline of Sandy Creek; thence running along the centerline of Sandy Creek and following the curvature thereof in a generally northwesterly direction a distance of 300 feet more or less to a point located on a branch which forms the southwesterly property line of the property now or formerly owned by Louis Etheridge; thence running along the centerline of said branch in a generally southeasterly direction a distance of 2,250 feet to a point where said branch intersects the northerly right-of-way Brown Bridge Road; thence running along said right-of-way of Brown Bridge Road in a westerly direction and following the curvature thereof a distance of 640 feet more or less to a point where said right-of-way intersects the extended southwesterly property line of the property now or formerly owned by Jack Knight; thence running along said property line of Jack Knight north 2600 west a distance of 1,500 feet to a point; thence running south 5433 west a distance of 1,689.00 feet to a point located on the property line separating the property now or formerly owned by Jack Knight from the property now or formerly known as Brookfield subdivision; thence running along said property line in a northwesterly direction a distance of 700 feet more or less to a point; thence running in a northeasterly direction along the property line separating the property now or formerly owned by Louis Etheridge from the property now or formerly known as Brookfield subdivision a distance of 440 feet more or less to a point; thence continuing along said property line in a northwesterly direction a distance of 400 feet more or less to a point; thence continuing along said property line a distance of 480 feet more or less to a point forming a common corner between the property now or formerly owned by Louis Etheridge the property now or formerly owned by Brenda Esco and the property now or formerly known as Brookfield subdivision; thence running along the property line separating the property now or formerly owned by Brenda Esco from the property now or formerly known as Brookfield subdivision in a southeasterly direction a distance of 320 feet more or less to a point; thence continuing along the southerly property line of the property now or formerly owned by Brenda Esco and along the boundary of the property now or formerly known as Brookfield subdivision a distance of 400 feet more or less to a point forming the common corner between the property now or formerly owned by Brenda Esco, the property now or formerly known as Brookfield subdivision and the property

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now or formerly owned by Ludger Lanthier; thence continuing along the southerly property line of the property now or formerly owned by Ludger Lanthier and the northerly property line of the property now or formerly known as Brookfield subdivision a distance of 560 feet more or less to a point; thence running along the easterly boundary of the property now or formerly owned by Ludger Lanthier in a generally northwesterly direction a distance of 520 feet to a point located on the centerline of Brown Bridge Road; thence running along the centerline of Brown Bridge Road in a westerly direction to a point where the centerline of Brown Bridge Road intersects the centerline of a branch which forms the easterly boundary of a parcel of property now or formerly owned by Louis Etheridge; thence following the centerline of said branch in a northwesterly direction and following the curvature thereof a distance of 1,735 feet to a point where the centerline of said branch intersects the centerline of Sandy Creek; thence running along the centerline of Sandy Creek and following the curvature thereof in a easterly direction to a point where said centerline of Sandy Creek intersects the easterly property line of a parcel of property now or formerly owned Orene Autry; thence running along said property line north 3600 west a distance of 227.70 feet to a point; thence continuing along said property line north 46700 east a distance of 346.5 feet to a point; thence continuing along said property line north 4100 west a distance of 1,217.70 feet to a point; thence continuing along said property line north 0600 west a distance of 1,522.00 feet to a point; thence continuing along said property line north 4100 west a distance of 330 feet to a point where said property line intersects the southerly right-of-way of Autry Road; thence following the centerline of Autry Road in an easterly direction a distance of 1,020 feet more or less to a point where the centerline of Autry Road intersects the then existing city limits line of the Town of Auburn; thence running along the then existing city limits line of the Town of Auburn and following the curvature thereof in a generally northeasterly direction to a point where said original semi-city limits line of the Town of Auburn intersects the centerline of the Seaboard Coastline Railroad; thence running along the centerline of the Seaboard Coastline Railroad in a westerly direction a distance of 1,120 feet more or less to a point where said centerline of the Seaboard Coastline Railroad intersects the centerline of Etheridge Road which is the point of beginning. Said tract of land containing 890.00 acres and being designated as parcel 1-19 as shown on a proposed annexation

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map for the Town of Auburn prepared by W.T. Dunahoo Associates, Inc. dated February 22, 1988. PARCEL T: Tract I: All that tract or parcel of land lying and being in the 1740th District, G.M., State of Georgia, County of Barrow, encompassing 1.48 acres, more or less, and being more particularly described and delineated according to a plat and survey prepared by W. T. Dunahoo and Associates, Inc., certified by W. T. Dunahoo, Georgia Registered Surveyor No. 1577, dated February 7, 1986, revised April 2, 1986, entitled DOGWOOD DRIVE MISSIONARY BAPTIST CHURCH, INC., said plat being of record in the Office of the Clerk of Superior Court of Barrow County, Georgia, in Plat Book 25, page 154; which said plat and the recording thereof are by reference hereto incorporated herein for a more complete and detailed description. This being property conveyed to Grantor herein by warranty deed recorded in deed book 70, page 408, Barrow County, Georgia Records. Tract II: All that tract or parcel of land lying and being in the 1740th District, G.M., State of Georgia, County of Barrow encompassing 1.52 acres, more or less, and being more particularly described and delineated according to a plat and survey prepared by W. T. Dunahoo, Georgia Registered Surveyor No. 1577, dated February 7, 1986, revised April 2, 1986, entitled DOGWOOD DRIVE MISSIONARY BAPTIST CHURCH, INC., said plat and being of record in the Office of the Clerk of Superior Court of Barrow County, Georgia, in plat book 25, page 154; which said plat and the recording thereof are by reference hereto incorporated herein for a more complete and detailed description. This being property conveyed to Grantor herein by warranty deed recorded in deed book 70, page 409, Barrow County, Georgia Records. Tract III: All that tract or parcel of land lying and being in the 1740th District, G.M., Barrow County, Georgia, and being Tract No. Two (2) encompassing 3.00 acres and being more particularly described and delineated according to a plat of survey prepared by W. T. Dunahoo and Associates, certified by W. T. Dunahoo, Georgia Registered Surveyor No. 1577, dated October 10, 1980, entitled Survey for W. M. L. Dobes R. W. Dobes, said plat being of record in the office of the Clerk of the Superior Court of Barrow County, Georgia, in Plat Book 10, page 319; which said plat and the recording thereof are by specific reference incorporated herein for a more complete and detailed description.

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Tract IV: All that tract or parcel of land lying and being in the 1740th District, G.M., Barrow County, Georgia, and being Tract No. Three (3) encompassing 3.00 acres and being more particularly described and delineated according to a plat of survey prepared by W. T. Dunahoo and Associates, certified by W. T. Dunahoo, Georgia Registered Surveyor No. 1577, dated October 20, 1980, entitled Survey for W. M. L. Dobes R. W. Dobes, said plat being of record in the office of the Clerk of the Superior Court of Barrow County, Georgia, in Plat Book 10, page 319; which said plat and the recording thereof are by specific reference incorporated herein for a more complete and detailed description. Tract V: All that tract or parcel of land lying and being in the 1740th District, G.M., Barrow County, Georgia, and being Tract No. Four (4) encompassing 2.00 acres and being more particularly described and delineated according to a plat of survey prepared by W. T. Dunahoo and Associates, certified by W. T. Dunahoo, Georgia Registered Surveyor No. 1577, dated October 20, 1980, entitled Survey for W. M. L. Dobes R. W. Dobes, said plat being of record in the office of the Clerk of the Superior Court of Barrow County, Georgia, in Plat Book 10, page 319; which said plat and the recording thereof are by specific reference incorporated herein for a more complete and detailed description. Tract VI: All that tract or parcel of land lying and being in G.M. District 1740, Barrow County, Georgia, and being more particularly described as Tracts 1 and 2 on that certain plat of survey for Betty McCully, prepared by W. T. Dunahoo and Associates, Inc., dated January 28, 1985. Tract 1 consists of 1.63 acres and Tract 2 consists of 4.00 acres and are more particularly described collectively as follows: Beginning at a point where Georgia Highway 324 coming from the north intersects the northwesterly right-of-way of U.S. Highway 29 and at a point where the centerline of said Highway 324 intersects the centerline of U.S. Highway 29 running thence north 4633 east 127 feet to a point on the southeasterly right-of-way of U.S. Highway 29 and an iron pin set, said point being the true point of beginning; thence south 1452 east a distance of 814.38 feet to an iron pin set; thence south 575256 west a distance of 309.47 feet to a point; thence north 303623 west approximately 465 feet to an iron pin found; thence north 562702 east approximately 150 feet to an iron pin found; thence north 1452 west 387.1 feet to an iron pin found on the southeasterly right-of-way of U.S. Highway 29; thence 7408 east 200 feet to an iron pin set, said iron pin being the true point of beginning.

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Tract VII: All that tract or parcel of land lying and being in the 1740th District, G.M., Barrow County, Georgia, and being Tract No. One A (1A) encompassing 2.38 acres and being more particularly described and delineated according to a plat of survey prepared by W. T. Dunahoo and Associates, certified by W. T. Dunahoo, Georgia Registered Surveyor No. 1577, dated October 20, 1980, entitled Survey for W. M. L. Dobes R. W. Dobes, said plat being of record in the office of the Clerk of the Superior Court of Barrow County, Georgia, in Plat Book 10, page 338; which said plat and the recording thereof are by specific reference incorporated herein for a more complete and detailed description. June 28, 1988. PARCEL U: All that tract or parcel of land lying in General Militia District 1740, Barrow County, Georgia, and being described according to that certain plat of survey prepared for Dun-Bach Associates prepared on July 8, 1988, by W. T. Dunahoo, Georgia Registered Land Surveyor No. 1577, said tract being more particularly described as follows: Beginning at a point where the northeasterly right-of-way of Wages Road (80-foot right-of-way) intersects the southeasterly right-of-way of Tanglewood Road and continuing northeasterly along the said right-of-way of Wages Road 1,423 feet to a point on the said right-of-way of Wages Road; thence continuing along said right-of-way of Wages Road the following courses and distances: north 41 degrees, 27 minutes, 00 seconds, east 99.37 feet to a point; north 42 degrees, 54 minutes, 00 seconds, east, 106.4 feet; thence north 44 degrees, 19 minutes, 00 seconds, east 100 feet; thence north 45 degrees, 00 minutes, 00 seconds, east 214.63 feet to an iron pin found on the said right-of-way of Wages Road; thence leaving said right-of-way and running south 44 degrees, 54 minutes, 16 seconds east, 870.07 feet to a point which point is the true point of beginning; thence continuing south 44 degrees, 54 minutes, 16 seconds, east 800 feet to an iron pin set, which iron pin is set 5 feet from the center line of Rock Creek; thence continuing along Rock Creek and following the meanderings thereof in a southwesterly direction approximately 480.8 feet (said creek is running parallel to a traverse line of 480.8 feet with a direction of south 35 degrees, 30 minutes, 20 seconds, west to an iron pin set); thence from the point created by said traverse

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line continuing thence north 61 degrees, 59 minutes, 03 seconds, west 156.73 feet to an iron pin found; thence north 09 degrees, 26 minutes, 44 seconds, west 896.57 feet to a point, which point is the true point of beginning. Said tract consists of 5.63 acres. PARCEL V: Tract I: All that tract or parcel of land lying and being in General Militia District 316, Barrow County, Georgia, consisting of 5.83 acres and being more particularly described as follows: Beginning at a point where the northwesterly right-of-way of Brown Bridge Road (40-foot right-of-way) intersects the center line of Kilcrease Road and running thence along said right-of-way of Brown Bridge Road in a southwesterly direction a distance of 4,136 feet to an iron pin found on said right-of-way, which point is the true point of beginning; thence along said right-of-way south 66 degrees, 29 minutes, 55 seconds, west, 223.15 feet to an iron pin found on the said right-of-way of Brown Bridge Road; thence north 17 degrees, 33 minutes, 58 seconds, west, 1247.71 feet to an iron pin set; thence south 44 degrees, 13 minutes, 42 seconds, east, 552.35 feet to an iron pin found; thence south 69 degrees, 26 minutes, 00 seconds, east, 230.28 feet to an iron pin found; thence south 28 degrees, 40 minutes, 04 seconds, west, 350.04 feet to an iron pin found; thence south 25 degrees, 05 minutes, 03 seconds, east, 349.70 feet to an iron pin found on the said right-of-way of Brown Road which point is the true point of beginning. Tract II: All that tract or parcel of land lying in General Militia District 316, Barrow County, Georgia, consisting of 2 acres and which is more particularly described on that certain plat of survey recorded at Plat Book 22, Page 129, Barrow Superior Court Records. Tract III: All that tract or parcel of land lying in General Militia District 316, Barrow County, Georgia, according to that certain plat of survey prepared for J. O. and Annie Ruth Martin prepared by Thomas M. Patton, Georgia Registered Land Surveyor No. 967, which plat was prepared on December 22, 1987, and being more particularly described as follows: Beginning at a point of intersection of the northwest right-of-way of Brown Bridge Road (60-foot right-of-way) with the center line

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of Kilcrease Road and running thence southwesterly along said right-of-way of Brown Bridge Road 3,287 feet to an iron pin set on said right-of-way; thence crossing said right-of-way south 67 degrees, 05 minutes, 38 seconds, east, 60.75 feet to an iron pin set on the southeasterly right-of-way of Brown Bridge Road which is the true point of beginning; thence south 67 degrees, 03 minutes, 00 seconds, east, 231.68 feet to an iron pin set; thence south 65 degrees, 37 minutes, 00 seconds, west, 176.90 feet to an iron pin set; thence south 82 degrees, 23 minutes, 00 seconds, west, 248.55 feet to an iron pin set on the said southeasterly right-of-way of Brown Bridge Road; thence along said right-of-way an arc distance of 246.92 feet, said arc having a radius of 489.23 feet and being subtended by a chord bearing north 46 degrees, 22 minutes, 35 seconds, east, which cord has the length of 244.31 feet to an iron pin set, which is the true point of beginning. Said tract consists of 0.75 acre. Tract IV: All that tract or parcel of land lying in General Militia District 316, Barrow County, Georgia, being described according to that certain plat of survey prepared for J. O. and Annie Ruth Martin prepared by Thomas M. Patton, Georgia Registered Land Surveyor No. 967, which plat was prepared on December 22, 1987, and being more particularly described as follows: Beginning at a point of intersection of the northwest right-of-way of Brown Bridge Road (60-foot right-of-way) with the center line of Kilcrease Road and running thence southwesterly along said right-of-way of Brown Bridge Road 3,287 feet to an iron pin set on said right-of-way which is the true point of beginning; thence continuing along said right-of-way of Brown Bridge Road south 31 degrees, 55 minutes, 00 seconds, west, 23.19 feet to a point; thence continuing along said right-of-way of Brown Bridge Road to a point an arc distance of 283.43 feet, said arc having a radius of 429.23 feet and being subtended by a chord bearing south 50 degrees, 50 minutes, 00 seconds, west, said chord having a length of 278.31 feet; thence continuing along said right-of-way of Brown Bridge Road south 69 degrees, 45 minutes, 00 seconds, west, 221.48 feet to an iron pin set; thence leaving said right-of-way north 20 degrees, 14 minutes, 18 seconds, west, a distance of 491.51 feet to an iron pin set; thence south, 69 degrees, 18 minutes, 00 seconds, east, 100 feet to an iron pin found; thence south, 73 degrees, 18 minutes, 00 seconds, east, 534.87 feet to an iron pin set on the northwest right-of-way of Brown Bridge Road,

Page 5073

whigh point is the true point of beginning. Said tract contains 3.23 acres. Tract V: All that tract or parcel of land lying in General Militia District 316, Barrow County, Georgia, consisting of 1.77 acres and being described according to a survey prepared for Frank and Debra Martin on December 22, 1987, by Thomas M. Patton, Georgia Registered Land Surveyor No. 967, and being more particularly described as follows: Beginning at a point where the northwest right-of-way of Brown Bridge Road (60-foot right-of-way) intersects the center line of Kilcrease Road and running thence in a southwesterly direction 3810 feet along said right-of-way of Brown Bridge Road to an iron pin set, which is the true point of beginning; thence continuing along said right-of-way south 69 degrees, 45 minutes, 00 seconds, west, 243.59 feet to an iron pin found; thence north 00 degrees, 10 minutes, 52 seconds, west, 568.46 feet to a point; thence south 69 degrees, 18 minutes, 00 seconds, east, 65 feet to an iron pin set; thence south 20 degrees, 14 minutes, 18 seconds, east, 491.51 feet to an iron pin set on the northwesterly right-of-way of Brown Bridge Road which point is the true point of beginning. Tract VI: All that tract or parcel of land lying in General Militia District 1740, Barrow County, Georgia, and being described according to that certain plat of survey prepared for Dun-Bach Associates prepared on July 8, 1988, by W. T. Dunahoo, Georgia Registered Land Surveyor No. 1577, said tract being more particularly described as follows: Beginning at a point where the northeasterly right-of-way of Wages Road (80-foot right-of-way) intersects the southeasterly right-of-way of Tanglewood Road and continuing northeasterly along the said right-of-way of Wages Road 1,423 feet to an iron pin set on the said right-of-way of Wages Road which is the true point of beginning; thence continuing along said right-of-way of Wages Road the following courses and distances: north 41 degrees, 27 minutes, 00 seconds, east 99.37 feet to a point; north 42 degrees, 54 minutes, 00 seconds, east, 106.4 feet; thence north 44 degrees, 19 minutes, 00 seconds, east 100 feet; thence north 45 degrees, 00 minutes, 00 seconds, east 214.63 feet to an iron pin found on the said right-of-way of Wages Road; thence leaving

Page 5074

said right-of-way and running south 44 degrees, 54 minutes, 16 seconds east, 870.07 feet to a point; thence south 09 degrees, 26 minutes, 44 seconds, east 896.57 feet to an iron pin found; thence north 44 degrees, 54 minutes, 16 seconds west 1588.24 feet to an iron pin set, which point is the true point of beginning. Said tract consists of 14.72 acres. Tract VII: All that tract or parcel of land lying in General Militia District 1740, Barrow County, Georgia, being described according to that certain plat of survey for Jack R. Carter prepared by W. T. Dunahoo, Georgia Registered Land Surveyor No. 1577, which survey was prepared on November 17, 1983, and being more particularly described as follows: Beginning at a point where the northwest right-of-way of Wages Road (80-foot right-of-way) intersects the center line of Bentley Road and continuing along said right-of-way of Wages Road in a northeasterly direction 1,391.3 feet to a point on said right-of-way of Wages Road which point is the true point or place of beginning; thence leaving said right-of-way and running north, 15 degrees, 07 minutes, 32 seconds, west, 235.80 feet to a point; thence north 48 degrees, 13 minutes, 00 seconds, east, a distance of 100 feet to a point; thence south 44 degrees, 48 minutes, 00 seconds, east a distance of 79.1 feet to an auto axle; thence south 05 degrees, 42 minutes, 00 seconds, east, 145.6 feet to an iron pin set on the said right-of-way of Wages Road; thence continuing along said right-of-way south 41 degrees, 45 minutes, 00 seconds, west 125 feet to the point or place of beginning. Said tract consists of 0.59 acres. Tract VIII: All that tract or parcel of land lying in General Militia District 1740, Barrow County, Georgia, and being described according to that certain plat of survey prepared by W. T. Dunahoo, Georgia Registered Land Surveyor No. 1577, which survey was prepared on December 14, 1987, for David Hornsby and Melinda Hornsby, and being more particularly described as follows: Beginning at a point where the northwest right-of-way of Wages Road (80-foot right-of-way) intersects the center line of Bentley Road and running thence in a northeasterly direction 1,459 feet to an iron pin found on the said right-of-way of Wages Road; thence north 05 degrees, 59 minutes, 09 seconds, west, 144.60 feet to an axle; thence north 44 degrees, 56 minutes, 00 seconds, west,

Page 5075

255.33 feet to an iron pin set; thence north 44 degrees, 04 minutes, 50 seconds, east, 107.96 feet to an iron pin set; thence south 44 degrees, 43 minutes, 12 seconds, east, 364.65 feet to an iron pin set on the said right-of-way of Wages Road; thence continuing along said right-of-way south 43 degrees, 23 minutes, 00 seconds, west, 166 feet to the point of beginning. Said tract consists of 1.01 acres. PARCEL W: All that tract or parcel of land lying and being in the Auburn General Militia District, Barrow County, Georgia, being more particularly described as follows: Beginning at a point on the centerline of Wages Road which point is located 1,214 feet Northeast of the point where said centerline intersects the right-of-way of Bentley Road, thence running North 36 degrees 30 minutes West a distance of 40 feet more or less to a point on the Northerly right-of-way of Wages Road (80 foot right-of-way); thence running along said right-of-way in a Northeasterly direction 220 feet to an iron pin which is the true point of beginning; thence running North 5 degrees 59 minutes West a distance of 144.6 feet to an iron pin; thence running North 44 degrees 56 minutes West a distance of 520 feet to an iron pin; thence running North 48 degrees 0 minutes East 415.00 feet to an iron pin; thence running South 44 degrees 18 minutes East a distance of 2,359.7 feet to an iron pin; thence running South 35 degrees 58 minutes West a distance of 466.6 feet to an iron pin; thence running North 61 degrees 50 minutes West a distance of 1,004.2 feet to an iron pin; thence running North 51 degrees 47 minutes West a distance of 398.3 feet to a point;thence running North 36 degrees 36 minutes West a distance of 374.3 feet to a point located on the Southerly right-of-way of Wages Road (80 foot right-of-way); thence running North 36 degrees 30 minutes West 40 feet more or less, to a point located on the centerline of Wages Road which is the true point of beginning. Said tract of land being designated as Tract No. 1 containing 5.95 acres and Tract No. 2 containing 27.39 acres as shown on a plat of survey for Edward J. Givens by W. T. Dunahoo dated November 12, 1970 which plat is incorporated herein by reference for a more particular description.

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PARCEL X: Tract I: All that tract or parcel of land lying in General Militia District 1740, Barrow County, Georgia, being described according to that certain plat of survey for Jack R. Carter prepared by W. T. Dunahoo, Georgia Registered Land Surveyor No. 1577, which survey was prepared on November 17, 1983, and being more particularly described as follows: Beginning at a point where the northwest right-of-way of Wages Road (80-foot right-of-way) intersects the center line of Bentley Road and continuing along said right-of-way of Wages Road in a northeasterly direction 1,260.3 feet to a point; thence continuing along said right-of-way north 41 degrees, 45 minutes, 00 seconds, east, 131.0 feet to a point; thence leaving said right-of-way and running north 15 degrees, 07 minutes, 32 seconds, west, 235.80 feet to a point; thence north 48 degrees, 13 minutes, 00 seconds, east, 100 feet to a point; thence north 44 degrees, 48 minutes, 00 seconds, west, a distance of 440 feet to an auto axle; thence south 48 degrees, 13 minutes, 00 seconds, west, 248.6 feet to a rock; thence south 36 degrees, 16 minutes, 00 seconds, east, 668 feet to a point on the said right-of-way of Wages Road which point is the true point of beginning. Said tract consists of three separate tracts which total 3.69 acres. The area shall also include the intersection of Auburn County Line Road and Parks Mill Road and that portion of Auburn County Line Road lying east of said intersection and located between said intersection and that portion of Auburn County Line Road which lies adjacent to property located within the corporate boundaries of the City of Auburn. The area shall also include any and all public roadways lying within the area described in Parcels A through X above or lying adjacent to any part of the area described in Parcels A through X above. The area described in Parcels A through X above is intended to include and is hereby declared to include, the original corporate boundaries of the Town of Auburn as set forth in the 1949 Charter, (Ga. L. 1949, page 807) with the addition of all of the territory which has been annexed into the corporate boundaries of the Town of Auburn through the date of February 1, 1989, which area specifically

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includes, but is not limited to, that area annexed by the Mayor and Council by the adoption of Resolution No. 3, Resolution No. 4 and Resolution No. 5 on April 1, 1986, that area annexed by the Mayor and Council by the adoption of Resolution No. 4 dated August 5, 1986, that area annexed by the Mayor and Council by the adoption of Resolution No. 4 dated May 1, 1973, that area annexed by the Mayor and Council through the adoption of the following ordinances: Ordinance No. 84, Ordinance No. 85, Ordinance No. 86, Ordinance No. 87, Ordinance No. 88, Ordinance No. 89, Ordinance No. 90, Ordinance No. 91, Ordinance No. 92, Ordinance No. 93, Ordinance No. 94, Ordinance No. 95, Ordinance No. 99, Ordinance No. 100, Ordinance No. 101, Ordinance No. 102 and Ordinance No. 103 as recorded in the Official Ordinance Book of the Town of Auburn, and any and all other annexations approved by the Mayor and Council of the Town of Auburn prior to February 1, 1989. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to amend an act creating a New Charter for the Town of Auburn approved February 17, 1949 (Ga. L. 1949, page 807), as amended, to provide for a New City Charter and for other purposes. This 16th day of January, 1989. MAYOR AND COUNCIL TOWN OF AUBURN GEORGIA 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

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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 18, 1989. /s/ John O. Mobley, Jr. Representative, 64th District Sworn to and subscribed before me, this 26th day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved April 19, 1989. METROPOLITAN ATLANTA OLYMPIC GAMES AUTHORITY CREATION. No. 696 (House Bill No. 659). AN ACT To create the Metropolitan Atlanta Olympic Games Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation; to provide for a short title; to provide for definitions; to provide for creation and organization; to provide for the membership of the authority and their terms of office and compensation; to provide for meetings; to provide for legislative findings and declaration of purpose; to provide for general powers; to provide for rates, fees, and charges; to provide for rules and regulations; to provide for tax exemptions; to provide for local government

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participation; to provide for revenue bonds or obligations of the authority; to provide for validation of revenue bonds and certain contracts; to provide for financial accounts, audits, and reports; to provide for other matters relative to the foregoing and relative to the general purpose of this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. This Act shall be known and may be cited as the Metropolitan Atlanta Olympic Games Authority Act. Section 2. As used in this Act, the term: (1) Appointed member means any member of the authority other than the mayor of the City of Atlanta and the president of the city council of the City of Atlanta. (2) Authority means the Metropolitan Atlanta Olympic Games Authority created in Sections 3 and 4 of this Act and any successor thereto. Any change in name or composition of the authority shall in no way affect the vested rights of any person under this Act or impair the obligations of any contracts existing under this Act. (3) Bonds or revenue bonds means any bonds issued by the authority under this Act, including refunding bonds. (4) Costs of the project means all costs of construction; all costs of real and personal property required for the purposes of such project and facilities related thereto, including land and any rights or undivided interests therein, all buildings, structures, or improvements thereon, easements, franchises, water rights, fees, permits, approvals, licenses, and certificates, and the securing of such permits, approvals, licenses, and certificates and the preparation of applications therefor, and including all machinery and equipment, including equipment for use in connection with such construction, furniture, furnishings, and personal property of every kind used in connection therewith; financing charges; interest prior to and during construction and during

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such additional period as the authority may reasonably determine to be necessary for the placing of any project in operation; costs of engineering, architectural, and legal services; costs of plans and specifications and all expenses necessary or incidental to determining the feasibility or practicability of any project; administrative expenses; and such other expenses as may be necessary or incidental to the financing authorized by this Act. All funds paid or advanced for any of the purposes mentioned in this paragraph by political subdivisions or other public bodies corporate and politic contracting with the authority prior to the issuance of any of the authority's bonds or notes may be refunded to such political subdivisions or other public bodies corporate and politic out of the proceeds of any bonds or notes so issued. The costs of any project may also include a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, and such other reserves as may be reasonably required by the authority for the operation of its projects and as may be authorized by any bond resolution or trust agreement or indenture pursuant to the provisions of which the issuance of any such bonds or notes may be authorized. Any obligation or expense incurred for any of the purposes mentioned in this paragraph shall be regarded as a part of the cost of the pertinent project and may be paid or reimbursed as such out of the proceeds of revenue bonds or notes issued under this Act for such project. (5) International Olympic Committee means the International Olympic Committee, a body corporate under international law created by the Congress of Paris of 23rd June, 1894, and having perpetual succession. (6) Local government means any city, county, or other political subdivision of or public body corporate and politic of the state which enters into an Olympic games contract with the authority. (7) Local organizing committee means the Georgia Amateur Athletics Foundation, a not for profit corporation created under the laws of the State of Georgia. (8) Notes means any notes, including bond anticipation notes, issued by the authority under this Act.

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(9) Olympic games shall mean any Olympic games sponsored and governed by the International Olympic Committee and any other educational, cultural, athletic, or sporting events related or preliminary thereto, and any other amateur athletic, sporting, or recreational events within the state. (10) Olympic games contract means any contract pursuant to which a local government shares a portion of the financial responsibility for Olympic games, as the same may be amended, modified, or supplemented. (11) Project means and includes the acquisition, construction, equipping, maintenance, and operation of any facilities within the state necessary or useful in the conduct of Olympic games, including but not limited to stadiums, coliseums, natatoriums, velodromes, and other sports venues and facilities for athletic, sporting, cultural, educational, and other events, recreation centers and areas, including but not limited to, athletic fields, parking facilities or parking areas in connection therewith, clubhouses, gymnasiums and related buildings, housing and other accommodations for athletes and other representatives and personnel involved in Olympic games, communications facilities, media facilities and accommodations, security facilities, meeting and transportation centers, facilities for the purveying of foods, beverages, publications, souvenirs, novelties, and goods of all kinds, whether operated directly or through concessions, licenses, or leases or otherwise, and the usual and convenient facilities appertaining to such undertakings, including without limitation parking facilities, water and sewer facilities, and other utilities and roads and roadways, and extensions and improvements of such facilities, acquiring the necessary property therefor, both real and personal, and the lease and sale of any part or all of such facilities, including real and personal property, so as to assure the efficient and proper development, maintenance, and operation of such facilities and areas deemed by the authority to be necessary, convenient, or desirable. (12) State means the State of Georgia.

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Section 3. There is created a public body corporate and politic to be known as the Metropolitan Atlanta Olympic Games Authority which shall be deemed to be a political subdivision of the state and a public corporation by that name, style, and title, and said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The authority shall have perpetual existence. Section 4. (a) The authority shall initially consist of five members. The number of members of the authority may be increased as provided in Section 5 of this Act. Three of the initial members shall be appointed members. One such initial appointed member shall be appointed by the mayor of the City of Atlanta and shall be an officer of a state authority with responsibility for convention and tourism activities in the metropolitan Atlanta area. Two such initial appointed members shall be appointed by the mayor of the City of Atlanta and be subject to the approval of the city council of the City of Atlanta. The other two initial members shall consist of the persons holding the offices of mayor and president of the city council of the City of Atlanta from time to time. (b) The initial terms of office of the appointed members shall be three years from the date of appointment, and all subsequent terms of office of the appointed members shall be for three years except that the appointed member who is an officer of a state authority and his successors shall serve concurrently with their service as such officer of such state authority. Each appointed member shall hold office until his or her successor shall be appointed and duly qualified. Any appointed member of the authority may succeed himself or herself. (c) All vacancies in the membership of the appointed members of the authority, whether caused by expiration of term of office, death, resignation, or otherwise, shall be filled by the city council of the City of Atlanta, Georgia, or such local government as shall have appointed such appointed member pursuant to the provisions of this section or Section 5 of this Act. The term of any appointed member, appointed to fill an unexpired term, shall be the term of the member he or she replaced. (d) The authority shall elect from its membership a chairman, a vice chairman, a secretary, and a treasurer. Such officers shall serve for such terms as shall be prescribed by resolution of the

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authority or until their successors are elected and qualified. No member of the authority shall hold more than one office. Section 5. Each local government entering into an Olympic games contract shall be entitled to appoint so many appointed members to the authority as shall be specified in such Olympic games contract. The initial term of any such additional appointed member shall begin on the date of appointment and shall extend for three years. All subsequent terms of office of any such appointed member shall be as provided in subsection (b) of Section 4 of this Act; provided, however, that the remaining term of office of any appointed member appointed by a local government pursuant to this section shall not extend for more than six months beyond the termination of the Olympic games contract entered into by such local government. Section 6. (a) Regular meetings of the authority shall be held on such dates and at such time and place as shall be fixed by resolution of the authority. (b) Special meetings of the authority may be called by resolution of the authority, by the chairman or vice chairman, or upon the written request of at least three members of the authority. (c) Written notice of all meetings shall be delivered to each local government which has entered into an Olympic games contract and to each member of the authority not less than ten days prior to the date of such meeting in the case of regular meetings and not less than three days in the case of special meetings. (d) Notice of a meeting of the authority need not be given to any member or local government who or which signs a waiver of notice either before or after the meeting. Attendance of a member at a meeting shall constitute a waiver of notice of such meeting and a waiver of any and all objections to the place or time of the meeting or to the manner in which it has been called or convened, except when a member states at the beginning of the meeting any such objection or objections to the transaction of business. (e) A majority of the members of the authority in office shall constitute a quorum. A majority of the quorum is empowered to exercise all the rights and perform all the duties of the authority and no vacancy on the authority shall impair the right of such majority to act; provided, however, that a majority of the members of the

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authority in office shall be required to take any action in connection with the issuance of bonds, notes, or other obligations of the authority and the authorization, execution, and delivery of Olympic games contracts. If at any meeting there is less than a quorum present, a majority of those present may adjourn the meeting to a fixed time and place, and notice of such time and place shall be given in accordance with subsection (c) of this section, provided that if the notice period specified in subsection (c) of this section cannot reasonably be complied with, such notice, if any, of such adjourned meeting shall be given as is reasonably practical. The authority shall make rules and regulations for its own government, not inconsistent with this Act. Section 7. The members of the authority shall serve without compensation except that they shall be reimbursed for actual expenses incurred in the performance of their duties. Section 8. The City of Atlanta, Georgia, and the United States Olympic Committee have requested the International Olympic Committee to consider their application to host the Olympic summer games. The cultural, social, and economic well-being of the people in, and the educational, commercial, and recreational resources of, the metropolitan area of the City of Atlanta and the state would be enhanced by the staging of Olympic games in the metropolitan area of the City of Atlanta and other areas of the state and such matters are of public interest and concern throughout the state. The General Assembly has determined that it is necessary and desirable to create the authority to facilitate the undertakings required to be made to the International Olympic Committee in connection with the hosting of the Olympic summer games and to assist in the promotion of other Olympic games. Without limiting the generality of any provisions of this Act, the purposes of the authority are declared to be that of conducting and staging the Olympic summer games in conjunction with the local organizing committee, through undertaking the responsibilities and obligations of the host entity in the contracts and agreements required by the International Olympic Committee in connection with the Olympic summer games and conducting, staging, or otherwise promoting other Olympic games, and, to that end, of acquiring, constructing, equipping, maintaining, and operating any facilities within the state necessary or useful in the conduct of Olympic games, including without limitation facilities for athletic, sporting, recreational, cultural, educational, and other events, and facilities for the purveying of foods, beverages,

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publications, souvenirs, novelties, and goods of all kinds, whether operated or purveyed directly or indirectly through concessions, licenses, or leases or otherwise, housing and other accommodations for athletes and other representatives and personnel involved in Olympic games, parking facilities and parking areas in connection therewith, and any other facilities which are projects under the terms of this Act; of acquiring, constructing, equipping, maintaining, and operating recreational centers and areas, including but not limited to athletic fields, parking facilities or parking areas in connection therewith, clubhouses, gymnasiums and related buildings, and the usual and convenient facilities appertaining to such undertakings and the extension and improvement of such facilities; of acquiring the necessary property therefor, both real and personal, with the right to contract for the use of or to lease or sell any or all of such facilities, including real property, to any persons, firms, or corporations whether public or private and of doing any and all things deemed by the authority necessary, convenient, and desirable for and incident to the efficient and proper development and operation of such types of undertakings. Section 9. (a) The authority shall have all powers necessary or convenient to carry out and effectuate the purpose and provisions of this Act including, but without limiting the generality of the foregoing, the power: (1) To sue and be sued in contract and in tort and to complain and defend in all courts; (2) To adopt and alter a corporate seal; (3) To acquire in its own name real property or rights and easements therein and franchises and personal property necessary or convenient for its corporate purposes, by purchase, on such terms and conditions and in such manner as it may deem proper, or by the exercise of the power of eminent domain in accordance with any and all existing laws of the State of Georgia applicable to the condemnation of property for public use, including the power to proceed as a condemning body under Article 2 of Chapter 2 of Title 22 of the O.C.G.A., or by gift, grant, lease, or otherwise; to insure the same against any and all risks as such insurance may, from time to time, be available; and to use such property, rent or lease the same to or from others, make contracts with respect

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to the use thereof, or sell, lease, or otherwise dispose of any such property in any manner it deems to the best advantage of the authority and the purposes thereof. The power to acquire, use, and dispose of property provided in this paragraph shall include the power to acquire, use, and dispose of any interest in such property, whether divided or undivided, which acquisition may result in the ownership of such property or any part thereof in common with any other party, whether public or private. Title to any such property of the authority, however, shall be held by the authority exclusively for the benefit of the public. The authority shall be under no obligation to accept and pay for any property condemned under the provisions of 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 action as may be just to the authority and to the owners of the property to be condemned. If the authority shall deem it expedient to construct any project on lands which are subject to the control of the state or of any political subdivision or public corporation of the state, the Governor, in the case of lands controlled by the state, or the governing authorities of such political subdivisions or such public corporations are authorized to convey such lands to the authority for such consideration, not exceeding reasonable value, as may be agreed upon by the authority, as grantee, and by the Governor or by the governing body of such political subdivision or by such public corporation, as grantor, taking into consideration the public benefit to be derived from such conveyance; (4) To appoint and select officers, agents, and employees, including professional and administrative staff and personnel, engineering, architectural, and construction experts, fiscal agents, urban or city planners, and attorneys, and to fix their compensation and pay their expenses; (5) To acquire, by purchase or otherwise, in whole or in part, and to place into operation and operate or cause to be placed into operation and operated, either as owner of all or of any part in common with others or as agent, any project or projects;

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(6) To exercise any one or more of the powers, rights, and privileges conferred by this Act either alone or jointly or in common with one or more other parties, whether public or private. In any such exercise of such powers, rights, and privileges jointly or in common with others with respect to the construction, operation, and maintenance of projects, the authority may own an undivided interest in such projects with any other parties, whether public or private. The authority may enter into agreements with respect to any project with the other parties participating therein, and any such agreement may contain such terms, conditions, and provisions consistent with this Act as the parties thereto shall deem to be in their best interests. Any such agreement may include, but need not be limited to, provisions for the construction, operation, and maintenance of such project by any one or more of the parties to such agreement, which party or parties shall be designated in or pursuant to such agreement as agent or agents on behalf of itself and one or more of the other parties thereto, or by such other means as may be determined by the parties thereto. Such an agreement may also include provisions for methods of determining and allocating among or between the parties the costs of construction, operation, maintenance, renewals, replacements, improvements, and disposals with respect to such project. In carrying out its functions and activities as such agent with respect to the construction, operation, and maintenance of such project, the authority shall be governed by the laws and regulations applicable to it as a separate legal entity and not by any laws or regulations which may be applicable to any of the other participating parties. Notwithstanding any other law to the contrary, pursuant to the terms of any such agreement the authority may delegate its powers and duties with respect to the construction, operation, and maintenance of such facility to any party acting as agent, including without limitation the local organizing committee; and all actions taken by such agent in accordance with the provisions of such agreement may be made binding upon the authority without further action or approval by the authority; (7) To make and execute contracts, agreements, and other instruments necessary or convenient to exercise the powers of the authority or to further the public purpose for

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which the authority is created, including, but not limited to, contracts for construction of projects, leases of projects, contracts for sale of projects, agreements for loans to finance projects, contracts for management and operation of projects, contracts with respect to the use of projects, and contracts with the International Olympic Committee, the United States Olympic Committee, the local organizing committee, or any other party relating to Olympic games; (8) To finance (by loan, grant, lease, or otherwise), refinance, construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage projects and to pay the cost of any project from the proceeds of revenue bonds, notes, or other obligations of the authority, from payments under Olympic games contracts or from any other funds of the authority, or from any contributions or loans by persons, corporations, partnerships (whether limited or general), or other entities, all of which the authority is authorized to receive, accept, and use; (9) To borrow money to further or carry out its public purpose and to execute revenue bonds, notes, other obligations, leases, trust indentures, trust agreements, agreements for the sale of its revenue bonds, notes, or other obligations, loan agreements, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable, in the judgment of the authority, to evidence and to provide security for such borrowing; (10) To issue revenue bonds, notes, or other obligations of the authority and use the proceeds thereof for the purpose of paying, or loaning the proceeds thereof to public or private entities to pay, all or any part of the costs of any project and otherwise to further or carry out the public purpose of the authority and to pay all costs of the authority incidental to, or necessary and appropriate to, furthering or carrying out such purpose; (11) To make application directly or indirectly to any federal, state, county, or municipal government or agency or

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to any other source, whether public or private, for loans, grants, guarantees, or other financial assistance in furtherance of the authority's public purpose and to accept and use the same upon such terms and conditions as are prescribed by such federal, state, county, or municipal government or agency or other source; (12) 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 authority; (13) To contract for any period, not exceeding 50 years, with the state, any institution, department, or agency of the state, any county, municipal corporation, or other political subdivision of the state, or any public agency, public corporation, or public authority of the state, for the use by the authority of any facilities or services of any such entity, or for the use by any such entity of any facilities or services of the authority, provided that such contracts shall deal with such activities and transactions as the authority and any such entity with which the authority contracts are authorized by law to undertake; (14) To enter into Olympic games contracts with local governments containing such terms and conditions as the authority shall deem appropriate and in its best interests; (15) To extend credit or make loans to any person, corporation, partnership (whether limited or general), or other entity for the costs of any project or any part of the costs of any project, which credit or loans may be evidenced or secured by loan agreements, notes, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, or other instruments, or by rentals, revenues, fees, or charges, upon such terms and conditions as the authority shall determine to be reasonable in connection with such extension of credit or loans, including provision for the establishment and maintenance of reserve funds; and, in the exercise of powers granted by this Act in connection with any project, the authority shall have the right and power to require the inclusion in any such loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement,

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assignment, or other instrument of such provisions or requirements for guaranty of any obligations, insurance, construction, use, operation, maintenance, and financing of a project, and such other terms and conditions, as the authority may deem necessary or desirable; (16) As security for repayment of any revenue bonds, notes, or other obligations of the authority, to pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any property of the authority (including, but not limited to, real property, fixtures, personal property, and revenues or other funds) and to execute any lease, trust indenture, trust agreement, agreement for the sale of the authority's revenue bonds, notes, or other obligations, loan agreement, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other agreement or instrument as may be necessary or desirable, in the judgment of the authority, to secure any such revenue bonds, notes, or other obligations, which instruments or agreements may provide for foreclosure or forced sale of any property of the authority upon default in any obligation of the authority, either in payment of principal, premium, if any, or interest or in the performance of any term or condition contained in any such agreement or instrument. The state, on behalf of itself and each county, municipal corporation, political subdivision, public body corporate and politic, or taxing district therein, waives any right it or such county, municipal corporation, political subdivision, public body corporate and politic, or taxing district may have to prevent the forced sale or foreclosure of any property of the authority upon such default and agrees that any agreement or instrument encumbering such property may be foreclosed in accordance with law and the terms thereof; (17) To receive and use the proceeds of any tax levied by a political subdivision or taxing district of the state to pay the costs of any project or for any other purpose for which the authority may use its own funds pursuant to this Act; (18) To receive and administer gifts, grants, and devises of money and property of any kind and to administer trusts;

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(19) To use any real property, personal property, or fixtures or any interest therein or to rent or lease such property to or from others or make contracts with respect to the use thereof, or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner as it deems to the best advantage of the authority and the public purpose thereof; (20) To acquire, accept, or retain equitable interests, security interests, or other interests in any real property, personal property, or fixtures by loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, pledge, conveyance, contract, lien, loan agreement, or other consensual transfer in order to secure the repayment of any moneys loaned or credit extended by the authority; (21) To adopt bylaws governing the conduct of business by the authority, the election and duties of officers of the authority, and other matters which the authority determines to include in its bylaws; (22) To invest any accumulation of its funds and any sinking fund or reserves in any manner that public funds of the state or its political subdivisions may be invested, and to purchase its own bonds and notes; (23) To contract for, or to provide and maintain, with respect to the facilities and property owned, leased, operated or under the control of the authority, a security force to protect persons and property, dispense unlawful or dangerous assemblages and assemblages which obstruct full and free passage, control pedestrian and vehicular traffic, and otherwise preserve and protect the public peace, health, and safety. For these purposes a member of such force shall be a peace offier and, as such, he shall have authority equivalent to the authority of a policeman of the city or county in which he is discharging his duties; (24) To exercise any of the powers of any governmental body under Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law, as now or hereafter in effect; and

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(25) To do any and all things necessary or proper for the accomplishment of the objectives of this Act and to exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the public purpose of the authority or the Constitution and laws of this state, including: (A) The retaining of legal, engineering, and other professional services; (B) The purchase of all kinds of insurance, including, without limitation, insurance against tort liability and against risks of damage to property; (C) The borrowing of money for any of the corporate purposes of the authority, provided that obligations of the authority other than revenue bonds or notes for which provision is made in this Act shall be payable from the general funds of the authority and shall not be a charge against any special fund allocated to the payment of revenue bonds or notes; (D) The power to indemnify and hold harmless any parties contracting with the authority or its agents from damage to persons or property; and (E) The power to act as self-insurer with respect to any loss or liability and to create insurance reserves. (b) The powers enumerated in each paragraph of subsection (a) of this section are cumulative of and in addition to those powers enumerated in the other paragraphs of subsection (a) of this section and elsewhere in this Act; and no such power limits or restricts any other power of the authority. Section 10. (a) The authority shall fix such rates, fees, and charges for use of its services and facilities as shall be sufficient in the aggregate (when added to any other grants or funds available to the authority) to provide funds for the payment of the interest on and principal of all bonds, notes, and other obligations payable from said revenues and to meet all other encumbrances upon such revenues as provided by any agreement executed by the authority in connection with the exercise of its powers under this Act, and for the payment of

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all operating costs and expenses which shall be incurred by the authority, including provisions for appropriate reserves. (b) The charges authorized by subsection (a) of this section may include amounts payable under Olympic games contracts. Such amounts shall be payable at such intervals as may be agreed upon and set forth in the Olympic games contract providing therefor. Any such Olympic games contract may provide for the commencement of payments to the authority prior to the completion by the authority of any project which is the subject of such Olympic games contract; may provide for the making of payments during such times as such projects may be partially or wholly not in use, whether or not any such project has been completed, is then operable, or is operating; and may provide that such payments shall not be subject to any reduction, by offset or otherwise, and shall not be conditioned upon the performance or nonperformance by any party of any agreement. (c) The use and disposition of the authority's revenue shall be subject to the provisions of the resolutions authorizing the issuance of any bonds, notes, or other obligations of the authority payable therefrom or of the trust agreement or indenture, if any, securing the same. (d) The authority may promulgate reasonable rules and regulations, not inconsistent with law, for the control and management of its projects, operations, properties, employees, and patrons. Section 11. The properties of the authority, both real and personal, are declared to be public properties used for the benefit and welfare of the people of the state, and not for purposes of private or corporate benefit and income, and such properties, to the extent of the authority's ownership therein, the authority, all income, obligations, and interest on bonds and notes of the authority, and all transfers of such property, bonds, or notes, shall be exempt from all taxes and special assessments of the state or any city, county, or other political subdivision thereof. The authority shall have all of the exemptions and exclusions from taxes which are now granted to cities and counties for the operation of properties or facilities similar to the properties and facilities to be owned or operated or both by the authority. Section 12. (a) The authority may enter into an Olympic games contract with any local government for the payment of such

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rates, fees, and charges as may be prescribed by the authority for the use by such local government or the residents thereof of the services and facilities of the authority. Any such local government shall have the right and power, by resolution of its governing body, to make and execute such Olympic games contracts; and the amounts contracted to be paid by such local government to the authority under such Olympic games contract shall constitute general obligations of such local government for the payment of which the full faith and credit of such local government may be pledged to provide the funds required to fulfill all obligations arising under such Olympic games contract. (b) Such Olympic games contract may obligate the local government, to the extent permitted by law, to indemnify and hold harmless the authority from any and all damage to persons and property occurring on or by reason of any project, and may also obligate the local government to undertake, at the expense of the local government, 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 any project. (c) In the event of any failure or refusal on the part of the local government to perform punctually any covenant or obligation contained in any such Olympic games contract, the authority may enforce performance by any legal or equitable process, including specific performance. (d) Any payments due or to become due to the authority pursuant to any Olympic games contract may be assigned by the authority to a trustee or paying agent as may be required by the terms of the resolution, trust agreement, or indenture relating to the issuance of and security for bonds, notes, or other obligations of the authority or may be assigned to the International Olympic Committee, the United States Olympic Committee, or any other party in connection with Olympic games. (e) Any such local government shall, annually in each and every fiscal year during the term of such Olympic games contract, include in a general revenue or appropriation measure, whether or not any other items are included, sums sufficient to satisfy the payments required to be made in each year under such Olympic games contract until all payments required under such Olympic games contract have been paid in full.

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(f) If for any reason a provision or appropriation pursuant to subsection (e) of this section is not made, then the fiscal officers of such local government are authorized and directed to set up as an appropriation on their accounts in each fiscal year the amounts required to pay the obligations called for under any such Olympic games contract. The amount of an appropriation made under this subsection in each fiscal year 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 Olympic games contract; and such appropriation shall have the same legal status as if the contracting local government had included the amount of the appropriation in its general revenue or appropriation measure. Such fiscal officers shall make such payment to the authority if for any reason such appropriation is not otherwise made. (g) Any local government which contracts with the authority under this Act may obligate itself and its successors to use only those projects for which it has contracted and none other. Section 13. (a) The acquisition, construction, reconstruction, improvement, equipment, alteration, repair, or extension of any project, and the issuance, in anticipation of the collection of the revenues from such project, of bonds to provide funds to pay the cost thereof, may be authorized under this Act by resolution of the authority. Unless otherwise provided therein, such resolution shall take effect immediately and need not be laid over or published or posted. The authority, in determining such cost, may include all costs and estimated costs of the issuance of the bonds; all engineering, inspection, fiscal, and legal expenses; the interest which it is estimated will accrue during the construction period and during such additional period as the authority may reasonably determine to be necessary for the placing of such project in operation on money borrowed, or which it is estimated will be borrowed, pursuant to this Act; and all costs included in the definition of costs of the project as defined in Section 2 of this Act. Such bonds may also be issued to pay off, refund, or refinance any outstanding bonds or other obligations of any nature owed by the authority, whether or not such bonds or other obligations shall then be subject to redemption; and the authority may provide for such arrangements as it may determine for the payment and security of the bonds being issued or for the payment and security of the bonds or other obligations to be paid off, refunded, or refinanced.

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(b) Revenue bonds may be issued under this Act in one or more series; may bear such date or dates; may mature at such time or times, not exceeding 40 years from their respective dates; may bear interest at such rate or rates, 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 be issued in any specific amounts; may carry such registration, conversion, and exchangeability privileges; may be declared or become due before the maturity date thereof; may provide such call or redemption privileges; may have such rank or priority; and may contain such other terms, covenants, assignments, and conditions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide. The authority may sell such bonds in such manner, at such price or prices, and upon such terms and conditions as shall be determined by the authority. (c) The bonds shall be signed by the chairman or vice chairman of the authority; the corporate seal of the authority shall be impressed, imprinted, or otherwise reproduced on the bonds; and the bonds shall be attested by the signature of the secretary or assistant secretary of the authority. Any coupons shall be signed in such manner as may be directed by the authority. The signatures of the officers of the authority and the seal of the authority upon any bond, note, or other obligation issued by the authority may be by facsimile if the instrument is authenticated or countersigned by a trustee other than the authority itself or an officer or employee of the authority. All bonds, notes, or other obligations issued under authority of this Act bearing signatures or facsimiles of the signatures of officers of the authority 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 authority. Pending the preparation of the definitive bonds, interim certificates, in such form and with such provisions as the authority may determine, may be issued to the purchasers of bonds to be issued under this Act. (d) The provisions of this Act and of any bond resolution, indenture, or trust agreement entered into pursuant to this Act shall be a contract with every holder of the bonds; and the duties of the authority under this Act and under any such bond resolution, indenture, or trust agreement shall be enforceable by any bondholder by mandamus or other appropriate action or proceeding at law or in equity.

Page 5097

(e) There shall be no limitation upon the amount of revenue bonds, notes, or other obligations which the authority may issue. Any limitations with respect to interest rates or any maximum interest rate or rates found in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law, the usury laws of this state, or any other laws of this state shall not apply to revenue bonds, notes, or other obligations of the authority. Section 14. (a) All bonds issued by the authority under this Act shall be issued, and shall be validated by the Superior Court of Fulton County, Georgia, under and in accordance with the procedures set forth in Code Sections 36-82-73 through 36-82-83 of the O.C.G.A., which comprise a portion of the Revenue Bond Law, as now or hereafter in effect, except as provided in this Act, provided that notes and other obligations of the authority may, but shall not be required to, be so validated. (b) All bonds shall bear a certificate of validation signed by the clerk of the Superior Court of Fulton County, Georgia. Such signature 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. (c) In lieu of specifying the rate or rates of interest which bonds to be issued by the authority are to bear, the notice to the district attorney or 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 (which may be fixed or may fluctuate or otherwise change from time to time) 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 the authority to sell such bonds at a discount, even if in doing so the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint.

Page 5098

(d) Any other law to the contrary notwithstanding, this Act shall govern all civil claims, proceedings, and actions respecting debt of the authority evidenced by revenue bonds. (e) The term costs of the project shall have the meaning prescribed in this Act whenever such term is referred to in bond resolutions of the authority, in bonds, notes, or other obligations of the authority, or in notices or proceedings to validate such bonds, notes, or other obligations of the authority. Section 15. (a) When payments which are to be made by local governments pursuant to Olympic games contracts are pledged as security for the payment of bonds sought to be validated, the petition for validation shall make party defendant the authority and shall also make parties defendant to such action every local government which has entered into any such Olympic games contract the payments under which are to be pledged to secure the bonds to be validated. (b) All such parties defendant shall be served and shall be required to show cause, if any exists, why such contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof determined and the matters and conditions imposed on the parties to such contracts and all such undertakings therein adjudicated to be valid and binding on the parties thereto. (c) Notice of such proceedings shall be included in the notice of validation hearing to be issued and published by the clerk of the Superior Court of Fulton County, Georgia, in the newspaper in which sheriff's advertisements are published in Fulton County, Georgia. In addition to such notice required to be published in Fulton County, Georgia, such notice shall also be published in the newspaper in which sheriff's advertisements are published, once a week during each of the two weeks immediately preceding the week of the hearing, in each county in which any portion of any of the defendant local governments lie. (d) Any citizen resident of the City of Atlanta or of any local government which is a party defendant in such proceeding may, at or before the time set for the validation hearing, intervene in the validation proceedings conducted in the Superior Court of Fulton County, Georgia, pursuant to Section 14 of this Act and may assert

Page 5099

any ground or objection to the validity and binding effect of such contract on his own behalf and on behalf of the City of Atlanta or any local government in which he resides. (e) No appeal may be taken by any person who was not a party at the time the judgment appealed from was rendered. (f) An adjudication as to the validity of any Olympic games contract which is not appealed from or, if an appeal is filed, which adjudication is confirmed on appeal, shall be forever conclusive and binding against the authority, the City of Atlanta, and each local government which was a party to such proceedings, as well as each and every resident of the City of Atlanta and each such local government. Section 16. The bonds authorized by this Act shall be securities in which: (1) All public officers and bodies of this state; (2) All political subdivisions of this state; (3) All insurance companies and associations and other persons carrying on an insurance business; (4) All banks, bankers, trust companies, saving banks, and savings associations, including savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business; (5) All administrators, guardians, executors, trustees, and other fiduciaries; and (6) All other persons whatsoever who are authorized to invest in bonds or other obligations of this state may properly and legally invest funds, including capital in their control or belonging to them. Such bonds shall also be securities which may be deposited with and shall be received by all public officers and bodies of this state and its political subdivisions for any purpose for which deposit of the bonds or other obligations of this state is authorized.

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Section 17. (a) All or any part of the gross or net revenues and earnings, including payments pursuant to Olympic games contracts, derived from any particular project and any and all revenues and earnings received by the authority, regardless of whether such revenues and earnings were produced by a particular project for which bonds have been 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 or in any indenture or trust agreement pertaining to such bonds. (b) Such funds so pledged, from whatever source received, may include funds received from one or more or all sources and may be set aside at regular intervals into sinking funds for which provision may be made in any such resolution or indenture or trust agreement, which sinking funds may be pledged to and charged with the payment of: (1) The interest upon such 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, paying agent, or registrar for such bonds; and (4) Any premium upon bonds retired upon call or purchase. (c) The use and disposition of any sinking fund may be subject to regulations for which provision may be made in the resolution authorizing the issuance of the bonds or in the trust instrument or indenture securing the payment of the same. Section 18. (a) In the discretion of the authority, any issue of revenue bonds may be secured by a trust agreement or indenture made by the authority with a corporate trustee, which may be any trust company or bank having the powers of a trust company inside or outside this state. Such trust agreement of indenture may pledge or assign all revenue, receipts, and earnings to be received by the authority from any source and any proceeds which may be derived from the disposition of any real or personal property of the authority or proceeds of insurance carried thereon.

Page 5101

(b) 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 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 rates, fees, and charges for the use of the services or facilities 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. (c) Such resolution, trust agreement, or indenture may include covenants setting forth the duties of the authority regarding the acquisition of property for and the construction of the project and regarding 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 proceeds of insurance carried thereon. In addition, such resolution, trust agreement, or indenture may include covenants providing for the operation, maintenance, repair, and insurance of the project and may contain provisions concerning the conditions, if any, upon which additional bonds may be issued. (d) All expenses incurred in carrying out any trust agreement or indenture under this section may be treated as a part of the cost of the project or the cost of maintenance, operation, and repair of the project affected by such trust agreement or indenture. Section 19. (a) Proceeds of the bonds issued under authority of this Act shall be used solely for the payment of the cost of projects and shall be disbursed upon requisition or order of such person and under such restrictions as the resolution authorizing the issuance of such bonds or the trust agreement or indenture relating thereto may provide. (b) If the proceeds of such bonds, including all series or installments of such issue, by error of calculation or otherwise, are less than the cost of projects, then, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust agreement or indenture, additional bonds may in like manner be issued to provide the amount of such deficit. Unless otherwise provided in the resolution authorizing the issuance of the bonds or in

Page 5102

the trust agreement or indenture, such additional bonds shall be deemed to be of the same issue and shall be entitled to payment from the same fund, without preference or priority, as the bonds first issued for the same purpose. (c) If the proceeds of the bonds of any issue exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into the fund provided for the payment of principal and interest of such bonds. (d) In the discretion of the authority, revenue bonds of a single issue or series or installment of such issue may be issued for the purpose of paying the cost of any one or more projects. Section 20. (a) Any resolution authorizing notes of the authority or any issue thereof may contain any provisions which the authority is authorized to include in any resolution authorizing bonds of the authority or any issue thereof; and the authority may include in any notes any terms, covenants, or conditions which it is authorized to include in any bonds. (b) All notes may be general obligations of the authority, payable out of any of its funds or revenues, subject only to any contractual rights of the holders of any of its notes or other obligations then outstanding. Section 21. (a) Neither the members of the authority nor any person executing bonds or notes on behalf of the authority shall be personally liable thereon by reason of the issuance thereof. (b) Neither the revenue bonds or notes issued under this Act nor the instruments evidencing the obligations which constitute the security therefor shall constitute a debt of, a loan by, or a pledge of the faith and credit of the state or of any political subdivision thereof. Rather, such bonds and notes shall be payable from the revenues of the authority as provided in the resolutions, trust agreements, or indentures authorizing or securing the issuance and payment of such bonds or notes. No holder of any such bond or note, and no receiver or trustee in connection therewith, shall have the right to enforce the payment of the bond or note against any property of the state or any political subdivision thereof; nor shall any such bond or note constitute a charge, lien, or encumbrance, whether legal or equitable, upon any such property.

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Section 22. (a) The authority shall make provision for a system of financial accounting and controls, audits, and reports. All accounting systems and records, auditing procedures and standards, and financial reporting shall conform to generally accepted principles of governmental accounting. Copies of each financial report required under this subsection shall be furnished to each local government which enters into an Olympic games contract. All financial records, reports, and documents of the authority shall be public records and open to public inspection under reasonable regulations prescribed by the authority. (b) The authority shall adopt a fiscal year, establish a system of accounting and financial control, designate the necessary funds for complete accountability, and specify the basis of accounting for each such fund. The authority shall cause to be prepared a financial report on all funds at least quarterly and a comprehensive report on the fiscal operations and conditions of the authority annually. Section 23. Any action to protect or enforce any rights under this Act brought in the courts of this state shall be brought in the Superior Court of Fulton County. Any action pertaining to validation of the bonds issued under this Act and pertaining to validation of the contracts constituting security for the bonds shall also be brought in the Superior Court of Fulton County. That court shall have exclusive original jurisdiction of any action referred to in this section. Section 24. Meetings of the authority shall be subject to Chapter 14 of Title 50 of the O.C.G.A. All records of the authority shall be subject to Article 4 of Chapter 18 of Title 50 of the O.C.G.A. Section 25. The provisions of this Act shall be regarded as supplementary and additional to and cumulative of powers conferred by other laws and shall not be regarded as being in derogation of any powers conferred by any other law. Section 26. This Act, being for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes hereof.

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to create the Metropolitan Atlanta Olympic Games Authority as a body corporate and public, a political subdivision of the state, and a public corporation; to provide for a short title; to provide for definitions; to provide for creation and organization; to provide for the membership of the authority and their terms of office and compensation; to provide for meetings; to provide for legislative findings and declaration of purpose; to provide for general powers; to provide for rates, fees and charges; to provide for rules and regulations; to provide for exemptions; to provide for local government participation; to provide for revenue bonds or obligations of the authority; to provide for validation of revenue bonds and certain contracts; to provide for financial accounts, audits, and reports; to provide for other matters relative to the foregoing and relative to the general purpose of this Act; to provide for severability; to repeal conflicting laws; and for other purposes. This 27th day of January, 1989. /s/ WILLIAM H. D. HORTON Director of Legislative Affairs, City of Atlanta GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William J. (Bill) Lee, who, on oath, deposes and says that he is Representative from the 72nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: February 1, 1989.

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/s/ Wm. J. Bill Lee Representative, 72nd District Sworn to and subscribed before me, this 6th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved April 21, 1989. CITY OF PORT WENTWORTH CORPORATE LIMITS; REFERENDUM. No. 699 (House Bill No. 376). AN ACT To amend an Act incorporating the City of Port Wentworth, approved February 6, 1957 (Ga. L. 1957, p. 2003), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4445), so as to change the corporate limits of said city; to provide for a referendum; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act incorporating the City of Port Wentworth, approved February 6, 1957 (Ga. L. 1957, p. 2003), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4445), is amended by adding at the end of Section 2 a new paragraph to read as follows:

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The corporate limits of the City of Port Wentworth are extended to include, in addition to the areas now embraced within said corporate limits, the following described territory: Commencing at the intersection of the north right-of-way line of Godley Road and the east right-of-way line of Seaboard Coast Line Railroad; extend thence in a northerly direction along the east right-of-way line of Seaboard Coast Line Railroad approximately 0.3 miles to the end of the existing corporate limit of the city of Port Wentworth, which is the point of beginning of the hereinafter described property; thence continuing in a northerly direction along said east right-of-way line approximately 0.2 miles to the centerline of Saint Augustine Creek; extend thence in a northwesterly direction along the centerline of Saint Augustine Creek approximately 3.8 miles to the Chatham-Effingham County line; extend thence in a northeasterly direction along the Chatham-Effingham County line approximately 8.1 miles to the north right-of-way line of Seaboard Coast Line Railroad; extend thence in a southwesterly direction along said north right-of-way line approximately 2.8 miles to the existing corporate limit of the city of Port Wentworth; extend thence generally in a southwesterly direction along the existing corporate limits of the City of Port Wentworth to the point of beginning. Section 2. (a) As used in this section, the term area proposed for annexation means that area described in the quoted language of Section 1 of this Act which would be added to the corporate limits of the City of Port Wentworth if Section 1 of this Act becomes effective as provided in this section. (b) Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Port Wentworth shall call and conduct an election as provided in this section for the purpose of submitting this Act separately to the electors of the City of Port Wentworth and to the electors of Chatham County residing within the area proposed for annexation for approval or rejection. The election superintendent shall conduct that election not earlier than August 1, 1989, and not later than October 24, 1989. The election superintendent shall issue the call for the election not less than 30 nor more than 60 days prior to the date of the election. The superintendent shall cause the date and purpose of the election

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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 which annexes territory to the corporate limits of the City of Port Wentworth 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 within the City of Port Wentworth and if more than one-half of the votes cast on such question within the area proposed for annexation are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved within the City of Port Wentworth and in the area proposed for annexation 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 the date of the election. (c) The City of Port Wentworth may make such arrangements as may be necessary for the election superintendent of Chatham County to call, hold, and conduct the election provided for in this section. The expense of such election shall be borne by the City of Port Wentworth. It shall be the superintendent's duty to certify the result of the election 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, 1989 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.

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December 28, 1988. P.B. Edwards, Jr., Mayor GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sonny Dixon, 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/Savannah Evening Press which is the official organ of Chatham County, on the following date: January 1, 1989. /s/ Sonny Dixon Representative, 128th District Sworn to and subscribed before me, this 18th day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved April 21, 1989.

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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

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CLARKE COUNTY AIRPORT AUTHORITY MEMBERS; INITIAL APPOINTMENTS; TERMS. A RESOLUTION TO AMEND GA. LAWS 1988, ACT 1132, ENACTED MARCH 28, 1988, CREATING THE AIRPORT AUTHORITY OF CLARKE COUNTY, GEORGIA; TO PROVIDE FOR THE INITIAL APPOINTMENTS AND TERMS OF MEMBERS; AND FOR OTHER PURPOSES. WHEREAS , Ga. Laws 1988, Act 1132, enacted March 28, 1988, created the Clarke County Airport Authority; and WHEREAS , said Act failed to provide for the initial appointments of the members of said Authority; and WHEREAS , the Board of Commissioners of Clarke County desires that the terms of members of the Authority be changed to coincide with the county's fiscal year; and WHEREAS , Article IX, Section 2, Paragraph 1 of the Constitution of the State of Georgia provides for the amendment of said Act under the provisions of Home Rule; NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of Clarke County, Georgia, as follows: Pursuant to Article IX, Section 2, Paragraph 1 of the Constitution of the State of Georgia, Ga. Laws 1988, Act 1132, creating the Clarke County Airport Authority is hereby amended as follows: Section 5(a) of said Act is hereby amended by striking the following: The term of office of each member shall begin on the first day of January of each year.

Page 5112

and inserting in lieu thereof the following: Except for the initial term, which shall begin immediately upon the effective date of this amendment, the term of office of each member shall begin on the first day of July of each year beginning in the year 1989. BE IT FURTHER RESOLVED that the required public notice be published in the legal organ of Clarke County in accordance with Article IX, Section 2, Paragraph 1, of the Constitution of the State of Georgia. RESOLVED at a Regular Meeting of the Board of Commissioners of Clarke County this 13th day of April , 1988. BOARD OF COMMISSIONERS CLARKE COUNTY, GEORGIA /s/ JAMES R. HOLLAND CHAIRMAN ATTEST: /s/ WILLIAM L. FOSTER COUNTY CLERK In accordance with the provisions of Article IX, Section 2, Paragraph 1, of the Constitution of the State of Georgia, the foregoing Resolution was read and adopted for the second and final time at a Regular Meeting of the Board of Commissioners of Clarke County, this 10 th day of M ay , 1988. BOARD OF COMMISSIONERS CLARKE COUNTY, GEORGIA /s/ JAMES R. HOLLAND CHAIRMAN

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ATTEST: WILLIAM L. FOSTER COUNTY CLERK CERTIFICATION This is to certify that the attached Resolution to amend an Act (Ga. Laws 1988, Act 1132, enacted March 28, 1988) creating the Airport Authority of Clarke County, was properly introduced and adopted by the Board of Commissioners of Clarke County at a regular meeting on April 13, 1988 and a second regular meeting on May 10, 1988, in accordance with the provisions of Article 9, Section 2, Paragraph 1 of the Constitution of the State of Georgia. Whereas I have set my hand and seal of the Board of Commissioners of Clarke County, Georgia, this 11th day of May , 1988. /s/ WILLIAM L;. FOSTER, CLERK BOARD OF COMMISSIONERS CLARKE COUNTY, GEORGIA NOTICE is hereby given pursuant to Article IX Section 2, Paragraph 1 of the Constitution of the State of Georgia as to amending of local legislation by the governing authority of Clarke County, Georgia as follows: CLARKE COUNTY GEORGIA RESOLUTION TO AMEND GA. LAWS 1988, ACT 1132, ENACTED MARCH 28, 1988, CREATING THE AIRPORT AUTHORITY

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THORITY OF CLARKE COUNTY, GEORGIA; TO PROVIDE FOR THE INITIAL APPOINTMENTS AND TERMS OF MEMBERS; AND FOR OTHER PURPOSES. WHEREAS , Ga. Laws 1988, Act 1132, enacted March 28, 1988, created the Clarke County Airport Authority; and WHEREAS , said Act failed to provide for the initial appointments of the members of said Authority; and WHEREAS , the Board of Commissioners of Clarke County desires that the terms of members of the Authority be changed to coincide with the County's fiscal year; and WHEREAS , Article IX Section 2, Paragraph 1 of the Constitution of the State of Georgia provides for the amendment of said Act under the provisions of Home Rule; NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of Clarke County, Georgia, as follows: Pursuant to Article IX, Section 2, Paragraph 1 of the Constitution of the State of Georgia, Ga. Laws 1988, Act 1132, creating the Clarke County Airport Authority is hereby amended as follows: Section 5(a) of said Act is hereby amended by striking the following: The term of office of each member shall begin on the first day of January of each year. and inserting in lieu thereof the following: Except for the initial term, which shall begin immediately upon the effective date of this amendment, the term of office of each member shall begin on the first day of July of each year beginning in the year 1989. BE IT FURTHER RESOLVED that the required public notice by published in the legal organ of Clarke County in accordance

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with Article IX, Section 2, Paragraph 1, of the Constitution of the State of Georgia. RESOLVED at a Regular Meeting of the Board of Commissioners of Clarke County this 13th day of April , 1988. BOARD OF COMMISSIONERS OF CLARKE COUNTY, GEORGIA J.R. HOLLAND CHAIRMAN ATTEST: WILLIAM L. FOSTER COUNTY CLERK In accordance with the provision of Article IX, Section 2, Paragraph 1, of the Constitution of the State of Georgia, the foregoing Regulation was read and adopted for the second and final time at a Regular Meeting of the Board of Commissioners of Clarke County, this 10th day of May , 1988. BOARD OF COMMISSIONERS CLARKE COUNTY, GEORGIA J.R. HOLLAND CHAIRMAN ATTEST: WILLIAM L. FOSTER COUNTY CLERK Any interested party may obtain a copy of this proposed amendment at the office of the Clerk of the Superior Court of Clarke County, Georgia, located in the Clarke County Courthouse, Athens, Georgia. BOARD OF COMMISSIONERS OF CLARKE COUNTY, GEORGIA AFFIDAVIT I, Don Nelson, a duly authorized employee of the ATHENS OBSERVER , hereby certify that the attached advertisement has appeared in the legal advertisements of the ATHENS OBSERVER on the following dates:

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4-21, 28; 5-5 This the 11th day of May 1988. /s/ Donald L. Nelson Sworn to and subscribed before me this 11th day of May, 1988. /s/ Lynn Willoughby NOTARY PUBLIC Notary Public, Clarke County, Georgia My Commission Expires Oct. 26, 1991 Filed in the Office of the Secretary of State May 19, 1988. CLAYTON COUNTY CLAYTON COUNTY PENSION FUND; BENEFITS; CONTRIBUTIONS; ACTURIAL REVIEW. ORDINANCE NO. 88-24 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 MODIFY DEFERRED RETIREMENT BENEFITS; TO MODIFY CONTRIBUTIONS TO PENSION FUND; ACTUARIAL REVIEW; TO REPEAL CONFLICTING LAWS AND ORDINANCES; TO PROVIDE AN EFFECTIVE DATE;

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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 I. Ga. Laws 1971, pages 2917 et. seq., as amended is hereby further amended by striking Section 6.(a-2) Normal Retirement Benefits, in its entirety, and inserting in lieu thereof, to be codified as subsection (a-2) of Section 1-5-40 of the Code of Clayton County as amended, as follows: (a-2) Normal Retirement Benefits. The participant, upon retirement [on his normal retirement date], will receive a monthly pension payable for life equal to the sum of (1) and (2) below multiplied by (3) below, in accordance with the following: (1) 1.20% of the final average monthly salary up to and including $1,250.00 (2) 1.950% of the final average monthly salary in excess of $1,250.00. (3) Number of years of credited service. Employees who have passed their normal retirement date on January 1, 1988, but who are still working shall have their retirement benefits calculated under the above guidelines. All former employees retired and receiving benefits hereunder as of June 30, 1984, shall receive a ten (10) percent increase in their monthly benefit effective July 1, 1984. For purpose of determining benefits, credited service is to be calculated as years and completed months of continuous employment with the county on a full-time, permanent basis from the last date of employment up to the date of retirement.

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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) consecutive months of compensation received during the last five years of his employment, provided, however, that if retirement occurs prior to the completion of thirty-six (36) months of service, such average shall be computed with respect to monthly compensation during the total months prior to retirement. Unless an optional form of income is elected by the employee, his retirement benefit will be payable for life, but guaranteed to be payable to him or to his designated beneficiary for at least sixty (60) months. The effective date of this paragraph shall be January 1, 1988. Section II. Ga. Laws 1971, pages 2917 et. seq., as amended is hereby further amended by striking Section 6.(c-2) Deferred Retired Benefits, in its entirety, and inserting in lieu thereof, to be codified as subsection (c-2) of Section 1-5-40 of the Code of Clayton County, as amended, the following: (c-2) Deferred Retirement Benefits. With respect to all employees having exceeded the age of normal retirement, deferred retirement benefits shall be computed to include all salary increases and years of full-time, permanent service up to the date of retirement. The participant, upon his deferred retirement date, shall receive monthly retirement benefits computed in the same manner as for normal retirement benefits payable for life but guaranteed to be payable to him or his designated beneficiary for at least sixty (60) months. Employees who have passed their normal retirement date on January 1, 1988, but who are still working shall have their retirement benefits calculated under the above guidelines. The effective date of this paragraph shall be January 1, 1988.

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Section III. Ga. Laws 1971, pages 2917 et. seq., as amended is hereby further amended by striking the first paragraph of Section 1-5-42, Contributions to Pension Fund; Actuarial Review, in its entirety, and inserting in lieu thereof a new paragraph to be codified as the first paragraph of Section 1-5-40 of the Code of Clayton County, as amended, the following: The governing authority of Clayton County and the Clayton County Water Authority shall appropriate to the pension fund annually to be paid in quarterly installments, a sum of not less than eight (8%) percent of their total payroll cost for all County officers, employees, deputies, department heads, and Clayton County Water Authority employees who are employed fulltime. The effective date of this paragraph shall be July 1, 1988. Section IV. All laws and ordinances, or parts thereof in conflict herewith are expressly repealed. Section V. This Ordinance shall become effective upon its approval by the Clayton County Board of Commissioners provided the Ordinance receives an affirmative vote of three or more members. SO ORDAINED this 17th day of May, 1988.

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CLAYTON COUNTY BOARD OF COMMISSIONERS /s/ J. CHARLEY GRISWELL, CHAIRMAN /s/ GERALD A. MATTHEWS, VICE-CHAIRMAN /s/ LOREN B. CHEAVES, COMMISSIONER /s/ JIM STEWART, COMMISSIONER /s/ VIRGIL L. KILBY, COMMISSIONER ATTEST: /s/ MARGARETTE A. SWAIM, CLERK ORDINANCE NO. 88-24 The first reading of the above and foregoing Ordinance was held at the regular meeting of the Board of County Commissioners of Clayton County on the 3rd day of May, 1988, with the following members present and voting in favor: Chairman J. Charley Griswell, Vice Chairman Gerald A. Matthews, Commissioner Loren B. Cheaves, Commissioner Jim Stewart and Commissioner Virgil L. Kilby. /s/ MARGARETTE A. SWAIM, CLERK Board of County Commissioners Clayton County The second reading of the above and foregoing Ordinance was held at the regular meeting of the Board of County Commissioners

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of Clayton County on the 17th day of May, 1988, with the following members present and voting in favor: Chairman J. Charley Griswell, Vice Chairman Gerald A. Matthews, Commissioner Loren B. Cheaves, Commissioner Jim Stewart and Commissioner Virgil L. Kilby. /s/ MARGARETTE A. SWAIM, CLERK Board of County Commissioners Clayton County Attest: /s/ MARGARETTE A. SWAIM, CLERK (Seal) CERTIFICATION I, Margarette A. Swaim, Clerk to the Clayton County Board of Commissioners, do hereby certify that Ordinance 88-24, a Home Rule Amendment to the county's existing pension plan, was read in its entirety in the regular business meetings of May 3, 1988, and May 17, 1988. The original minutes of these meetings may be found on file in the Commissioners' office. /s/ MARGARETTE A. SWAIM, CLERK CLAYTON COUNTY BOARD OF COMMISSIONERS May 18, 1988 STATE OF GEORGIA COUNTY OF CLAYTON NOTICE OF INTENTION TO CONSIDER A RESOLUTION AMENDING CLAYTON COUNTY-CLAYTON COUNTY WATER AUTHORITY SYSTEM OF PENSIONS AND RETIREMENT PAY Notice is hereby given that a Resolution will be introduced before the Board of Commissioners of Clayton County on May 3, 1988, and on May 17, 1988, to amend an Act pertaining to Clayton County-Clayton County Water Authority System of Pensions

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and Retirement Pay for County officers, deputies, and employees of Clayton County and the Clayton County Water Authority. STATE OF GEORGIA COUNTY OF CLAYTON ORDINANCE NO. 88- 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 MODIFY DEFERRED RETIREMENT BENEFITS; TO MODIFY CONTRIBUTIONS TO PENSION FUND; ACTUARIAL REVIEW; TO REPEAL CONFLICTING LAWS AND ORDINANCES; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 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 I. Ga. Laws 1971, pages 2917 et. seq., as amended is hereby further amended by striking Section 6. (a-2) Normal Retirement Benefits, in its entirety, and inserting in lieu thereof, to be codified as subsection (a-2) of Section 1-5-40 of the Code of Clayton County as amended, as follows: (a-2) Normal Retirement Benefits. The participant, upon retirement (on his normal retirement date), will receive a monthly pension payable for life equal to the sum of (1) and (2) below multiplied by (3) below, in accordance with the following: (1) 1.20% of the final average monthly salary up to and including $1,250.00. (2) 1.950% of the final average monthly salary in excess

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of $1,250.00. (3) Number of years of credited service. Employees who have passed their normal retirement date on January 1, 1988, but who are still working shall have their retirement benefits calculated under the above guidelines. All former employees retired and receiving benefits hereunder as of June 30, 1984, shall receive a ten (10) percent increase to their monthly benefit effective July 1, 1984. For purposes of determining benefits, credited service is to be calculated as years and completed months of continuous employment with the county on a full-time, permanent basis from the last date of employment up to the date of retirement. Average salary to be used for the calculation of benefits will be determined as [1/12 of] the arithmetic average of the employer's thirty-six (36) consecutive months of compensation received during the last five years of his employment, provided, however, that if retirement occurs prior to the completion of thirty-six (36) months of service, such average shall be computed with respect to monthly compensation during the total months prior to retirement. Unless an optional form of income is elected by the employee, his retirement benefit will be payable for life, but guaranteed to be payable to him or his designated beneficiary for at least sixty (60) months. The effective date of the paragraph shall be January 1, 1988. Section II. Ga. Laws 1971, pages 2917 et. seq., as amended is hereby further amended by striking Section 6. (c-2) Deferred Retired Benefits, in its entirety, and inserting in lieu thereof, to be codified as subsection (c-2) of Section 1-5-40 of the Code of Clayton County, as amended, the following: (c-2) Deferred Retirement Benefits. With respect to all

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employees having exceeded the age for normal retirement, deferred retirement benefits shall be computed to include all salary increases and years of full-time, permanent service up to the date of retirement. The participant, upon his deferred retirement date, shall receive monthly retirement benefits computed in the same manner as for normal retirement benefits payable for life but guaranteed to be payable to him or his designated beneficiary for at least sixty (60) months. Employees who have passed their normal retirement date on January 1, 1988, but who are still working shall have their retirement benefits calculated under the above guidelines. The effective date of this paragraph shall be January 1, 1988. Section III. Ga. Laws 1971, pages 2917 et. seq., as amended is hereby further amended by striking the first paragraph of Section 1-5-42, Contributions to Pension Fund: Actuarial Review, in its entirety, and inserting in lieu thereof a new paragraph to be codified as the first paragraph of Section 1-5-40 of the Code of Clayton County, as amended, the following: The governing authority of Clayton County and the Clayton County Water Authority shall appropriate to the pension fund annually to be paid in quarterly installments a sum of not less than eight (8%) percent of their total payroll cost for all County officers, employees, deputies, department heads, and Clayton County Water Authority employees who are employed fulltime. The effective date of this paragraph shall be July 1, 1988. Section IV. All laws and entrances, or parts thereof in conflict herewith are expressly repealed. Section V. This Ordinance shall become effective upon its approval by the Clayton County Board of Commissioners provided the Ordinance receives an affirmative vote of three or more members.

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A copy of said proposed Resolution to be introduced is on file in the Office of the Clerk of Superior Court of Clayton County, Clayton County Courthouse, Jonesboro, Georgia MARGARETTE A. SWAIM, Clerk Board of Commissioners Clayton County 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 April 14th, 19th May 10th, 1988 /s/ Lee N. Howell Associate Editor /s/ Brenda P. Casey Agent Sworn to and subscribed before me this 19th day of May 1988 /s/ Kathy J. Selman Notary Public Notary Public, Georgia State at Large My Commission Expires February 14, 1989 Filed in the Office of the Secretary of State May 26, 1988.

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HARRIS COUNTY COUNTY OFFICERS LIST; AUDITS; BIDS. REPEAL OF AN ACT PROVIDING THAT A LIST OF ALL COUNTY OFFICERS BE MAINTAINED, FOR AN ANNUAL AUDIT OF INCOME AND EXPENDITURES BE MAINTAINED, NECESSITATING AT LEAST THREE BIDS FOR PURCHASES, AND FOR OTHER PURPOSES HARRIS COUNTY STATE OF GEORGIA, COUNTY OF HARRIS An Ordinance to repeal the Harris County Local Act, House Bill No. 1108 (1977 Acts of the General Assembly of Georgia). Be it ordained by the Board of Commissioners of Harris County, Georgia, and is hereby enacted pursuant to the authority of the same, that pursuant to Article 9 #2 Paragraph 1(b) of the Georgia Constitution of 1983 that certain Act approved by the Governor on March 23, 1977, known as House Bill No. 1108 is hereby repealed in its entirety. This the 1st day of March, 1988. /s/ Raymond E. Grant, Chairman /s/ Vance C. Smith, Jr., Vice Chairman /s/ Carl C. Hobbs, III /s/ Olin S. Pattillo Attest: /s/ Ben H. Penton County Manager/Clerk

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I do hereby certify that the attached copy of an Ordinance to repeal an Act providing that a list of all County officers be maintained, that an annual audit of income and expenditures be maintained, necessitating at least three bids for purchases, and for other purposes, is a true and correct copy of the Ordinance duly adopted by the Board of Commissioners on the date so stated in said Ordinance. I further certify that Ordinance received First Reading at a regularly scheduled meeting of the Board of Commissioners on February 16, 1988, and received Second Reading at the Board's regularly scheduled meeting held on March 1, 1988. I further certify that I am the Clerk of the Commission and that said Ordinance has been duly entered in the official records of said Board and remains in full force and effect this 28th day of November, 1988. /s/ Ben H. Penton Clerk/County Manager STATE OF GEORGIA COUNTY OF HARRIS Personally appeared before the undersigned, a Notary Public within aforesaid County and State, BOB TRIBBLE, publisher of The Harris County Journal, a newspaper published in Harris County, 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 February 11, February 18 and February 25, 1988. /s/ Bob Tribble, Publisher Sworn to and subscribed before me, this the 31st day of October, 1988. /s/ Mike Hale, Notary Public My commission expires: 10/4/90

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HCJ-37 PUBLIC NOTICE Please take notice that pursuant to Art. 9 Section 2 paragraph 1(b) of the Constitution of the State of Georgia of 1983 that the Board of Commissioners of Harris County will consider an ordinance to repeal Georgia Laws 1977, Act No. 560 providing that the governing authority maintain a list of all county officers and employees, their salaries, expense allowances and fringe benefits; that said list be available for public inspection; be available upon request for the cost of reproduction; to provide an annual county audit; same to be published within 60 days after receipt thereof; a breakdown of income and expenses by categories; to provide for competitive bidding on purchases of more than $500.00; and for other purposes. Said ordinance to repeal will be considered by the Board of Commissioner of Harris County at their regular business meetings of February 16, 1988 and March 1, 1988 at 9 a.m. A copy of the proposed ordinance or repeal is on file in the office of the Clerk of the Superior Court of Harris County for the purpose of examination and inspection by the public. The Clerk of the Superior Court shall furnish anyone, upon written request, a copy of the proposed ordinance of repeal. This the 19th day of January, 1988. W. Ken Askew County Attorney HARRIS COUNTY COMMISSIONERS P.O. BOX 365 HAMILTON, GA (2:11,18,25) Filed in the Office of the Secretary of State November 30, 1988.

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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

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CITY OF MARIETTA MUNICIPAL COURT; FINES. Amending Paragraph (c) of Section 6.3 of the Charter of the City of Marietta, Georgia, Pursuant to the Municipal Home Rule Act (O.C.G.A. Chapter 36-35) ORDINANCE NO. 4607 COUNCIL BILL NO. 272287 AN ORDINANCE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MARIETTA, GEORGIA, THAT: Section 1. Paragraph (c) of Section 6.3 of the Charter of the City of Marietta, Georgia, is hereby deleted in its entirety, and the following is substituted in lieu thereof: (c) The Municipal Court shall have the power and authority to impose upon the violator of any state law or city ordinance for each violation thereof the following punishments: a fine not to exceed One Thousand Dollars ($1,000), commitment at labor upon the public works and streets of the city for a period of not more than sixty (60) days, confinement in the jail or other place of imprisonment in the county for a period of not more than six (6) months; or any one or all of the foregoing punishments when the facts of the case justify such punishment; provided, however, that violations of the Uniform Rules of the Road, as adopted by ordinance, may be punished by a fine not to exceed One Thousand Dollars ($1,000) or confinement in a jail for a period of not more than twelve (12) months, unless a lesser penalty is otherwise established by state law for a violation of the Uniform Rules of the Road. Section 2. It is hereby declared to be the intention of this Ordinance that its sections, paragraphs, sentences, clauses and phrases are severable, and if any section, paragraph, sentence, clause or phrase of this Ordinance is declared to be unconstitutional or invalid, it shall not affect any of the remaining sections,

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paragraphs, sentences, clauses or phrases of this Ordinance. Section 3. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. Section 4. This Ordinance shall be come effective upon the signature or without the signature of the Mayor, subject to Georgia laws 1983, page 4119. DATE: November 11, 1987 APPROVED: (First Reading) /s/ Vicki Chastain, Mayor ATTEST: /s/ Lillian Harris, City Clerk VOTE: 7 Yeas 0 Nays DATE: December 9, 1987 APPROVED: (Second Reading) /s/ Vicki Chastain, Mayor ATTEST: /s/ Lillian Harris, City Clerk VOTE: 7 Yeas 0 Nays CLERK'S CERTIFICATION GEORGIA COBB COUNTY CITY OF MARIETTA I, Lillian C. Harris , hereby certify that I am Clerk for the City of Marietta and the lawful custodian of the books and

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records of said municipality, and as such do hereby certify that the attached Ordinance #4607 is a true and correct copy as same appears of record as approved by the Governing Body in a regular meeting held on November 11, 1987 and December 9, 1987. WITNESS my hand and Seal of the City of Marietta, Georgia, this 14th day of December, 1987. /s/ Lillian C. Harris City Clerk CITY OF MARIETTA COBB COUNTY, GEORGIA I, Otis A. Brumby, Jr. holding the position of Publisher, the official gazette for the legal advertisements in Cobb County, Georgia, do hereby certify that the foregoing citation was duly published in the Marietta Daily Journal on the following date: October 30 1987 November 6 1987 November 15 1987 /s/ Otis A. Brumby, Jr. Sworn to and subscribed before me this 18 day of November, 1985. /s/ Bobbie Bleven Notary Public Notary Public, Georgia, State at Large My Commission Expires Mar. 5, 1989 NOTICE OF AMENDMENT TO MARIETTA CITY CHARTER Notice is hereby given that the Marietta City Council proposed to amend Section 6.3(c) of the Charter of the

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City of Marietta, Georgia, so as to allow the Municipal Court to impose monitary fines of up to $1,000 for violations of state law or city ordinances. A copy of the proposed amendment is on file in the office of the Clerk of Marietta and in the office of the Clerk of the Superior Court of Cobb County, Georgia. /s/ Lillian C. Harris LILLIAN C. HARRIS, City Clerk Filed in the Office of the Secretary of State January 5, 1988. CITY OF EAST POINT EMPLOYEES RETIREMENT PLAN. Home Rule Ord. #953-87 A RETIREMENT PLAN FOR THE EMPLOYEES OF THE CITY OF EAST POINT, GEORGIA CONTRACT between the Joint Municipal Employees Benefit System and the City of East Point, Georgia consisting of 1. Ordinance of the City of East Point, Georgia 2. Retirement Plan of the City of East Point, Georgia 3. Joint Trust Agreement Section 1. An act establishing a new charter for the City of East Point in Fulton County, and approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.), as amended, is hereby amended by striking the existing retirement plan for the employees of the City and substituting in lieu thereof a revised retirement plan for the employees of the City and a joint trust agreement and a contract for administration of said plan by the City and the Joint Municipal Employees Benefit System, as follows:

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ARTICLE I. PURPOSE This Ordinance shall constitute the Retirement Plan of the City of East Point, Georgia, for the exclusive benefit of the City Employees according to the terms and conditions hereinafter contained; and when accepted and executed by the authorized officer of JMEBS, shall also constitute the Contract between the City and said JMEBS, as authorized and provided by O.C.G.A. Section 47-5-1 et seq.; and said Ordinance and Contract shall be subject to amendment from time to time by the City and by subsequent amendment of the Code provisions cited above. ARTICLE II. DEFINITIONS The following words and phrases as used in this Ordinance, unless a different meaning is plainly required by the context, shall have the following meanings: Section 1. Accrued Benefit shall mean, as of any date, the Normal Retirement benefit payable to a Participant at his Normal Retirement Date computed in accordance with the provisions of Article V, based upon the Participant's Total Credited Service and, for a Full-Time Employee upon his Final Average Earnings, as of the date that the Participant's Accrued Benefit is being determined. Section 2. Accumulated Contributions shall mean the sum of the amounts deducted from the Earnings of a Participant and credited to his individual account in the JMEBS Trust Fund together with any Interest thereon. Section 3. Actuarial Equivalent shall mean a benefit of approximately equal value when computed on the basis of the actuarial assumptions contained in Article VIII. Section 4. Actuary shall mean an individual, or firm, appointed or approved by the Board of Trustees to perform actuarial calculations necessary in the funding of the Plan. Section 5. Adoption Date of the Plan shall mean June 19, 1975. Section 6. Annual Earnings shall mean the Earnings which

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have been paid to a Participant for Service rendered during any consecutive twelve (12) calendar month period immediately preceding the anniversary of his Retirement Date. It shall be limited to such maximum amount, if any, as may be prescribed in Article V, Section 1b(4), of the Plan. Section 7. Beneficiary shall mean the person designated by a Participant, in writing and on prescribed forms, to receive any death benefit provided for a Beneficiary in Article VI, Section 2 or Article VII, Section 1 or Section 2. Section 8. Board of Trustees, Board shall mean the Board of Trustees of the Joint Municipal Employees Benefit System. Section 9. City, Town, Member, Municipality, or Employer shall mean the City of East Point, Georgia. Section 10. Contract shall mean the entire contents of this Ordinance, Plan, and Joint Trust Agreement, and any amendments made hereafter. Section 11. Contributions shall mean payments made to JMEBS to provide the benefits specified in the Plan. Section 12. Cost-of-Living Base Figure shall mean the Current Average Cost-of-Living Index Figure of a Participant as of his actual Retirement date or any subsequent annual adjustment date. The Cost-of-Living Base Figure for beneficiaries receiving pensions shall be the Current Average Cost-of-Living Index Figure beginning on the annual adjustment date following such beneficiary's entitlement to a retirement benefit or any subsequent annual adjustment date. Section 13. Credited Future Service shall mean the amount of Future Service of a Participant. Section 14. Credited Past Service shall mean the number of years and complete months of Past Service: a. Of a Class 1 Participant credited or creditable under any superseded plan for the purpose of computing Retirement benefits hereunder; or,

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b. Of an elected or appointed member of the Governing Authority who is on 12/1, 1987, serving as an elected or appointed member of the Governing Authority, provided such elected or appointed member of the Governing Authority contributes one-twelfth (1/12th) of four and one-half percent (4.5%) of the annual Earnings he is receiving as of 12/1, 1987, for each complete month of Past Service to be credited. Section 15. Current Average Cost-of-Living Index Figure shall mean the Consumer Price Index figure relative to the United States as a whole for the month of November most recently issued by the Bureau of Labor Statistics of the United States Department of Labor. Section 16. Delayed Retirement Date shall mean the first day of the month coinciding with or next following the day a Participant qualifies for Retirement as provided in Article IV, Section 1 and Section 4. Section 17. Disability shall mean a physical or mental disability of a Participant who because of such disability becomes entitled to receive disability insurance benefits under the Federal Social Security Act, as amended; provided, however, (a) such disability commenced on a specified date during the period of the Participant's employment with the City; and (b) such disability was not self-inflicted, incurred in military service, incurred in the commission of a felonious enterprise, or the result of the use of narcotics or drugs or habitual use of alcohol. A Participant who is not disabled in accordance with the above definition of Disability solely because he lacks the quarters of Social Security coverage required to receive a disability insurance benefit under the Federal Social Security Act, as amended, shall be under Disability if the Pension Committee shall determine that he is permanently incapacitated on the basis of a certificate signed by a physician selected and engaged by the disabled Participant and stating that (a) such Participant is permanently and totally physically or mentally disabled by anatomical, physiological, or psychological abnormalities that are demonstrable by medically acceptable clinical and laboratory diagnostic techniques, so as to be prevented from engaging in any occupation or employment whatsoever for remuneration or profit; (b) such disability commenced on a specified date during the period of the

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Participant's employment with the City; (c) such disability will be permanent and continuous during the remainder of the Participant's life; and (d) such disability was not self-inflicted, incurred in military service, incurred in the commission of a felonious enterprise, or the result of the use of narcotics or drugs or habitual use of alcohol. Section 18. Disability Retirement shall mean Termination of employment as a result of a Disability with a Disability benefit granted under the provisions of the Plan. Section 19. Disability Retirement Date shall mean the first day of the first calendar month in which a Participant becomes entitled to receive disability insurance benefits under the Federal Social Security Act, as amended, or the first day of the calendar month coinciding with or next following the date a Participant qualifies for Disability if such Participant lacks the quarters of Social Security coverage required to receive a disability insurance benefit under the Federal Social Security Act, as amended, as provided in Article IV, Section 1 and Section 5. Section 20. Early Retirement Age shall mean age fifty (50) for Class 2 and Class 3 Participants. Section 21. Early Retirement Date shall mean the first day of the month coinciding with or next following the day a Participant qualifies for Retirement as provided in Article IV, Section 1 and Section 3. Section 22. Earnings shall mean: a. For a Class 1 Employee, and a Class 2 Employee employed prior to 12/1, 1987, except an elected or appointed member of the Governing Authority, the total normal compensation paid for Service rendered but shall exclude compensation for overtime, reimbursed expenses, and other unusual compensation. As to an hourly rated Employee, Earnings shall mean the regular hourly wage rate of such Employee multiplied by the number of hours in the regularly scheduled work period of the Employee. In all cases, earnings shall include holiday and vacation pay and payments made by the City or Library on behalf of an Employee during periods

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of authorized absence for illness and other reasons; and, b. For a Class 2 Employee hired on or after 12/1, 1987, a Class 2 Employee who is an elected or appointed member of the Governing Authority, and a Class 3 Employee, the total normal compensation paid to an Employee for Service rendered, including pay for holidays actually taken and for sick and vacation leave actually used. Earnings shall exclude compensation for overtime, unused accrued compensatory time, unused accrued sick leave, unused accrued vacation leave, reimbursed expenses, and other unusual compensation. c. It is specifically declared by the Governing Authority that it is the intent of this Ordinance that the definition of Earnings contained in paragraph a immediately above be as limited in its meaning and scope as the definition of Earnings contained in paragraph b immediately above. The definition of Earnings in said paragraph b is included as a result of past and current litigation concerning the meaning and effect of the definition of Earnings contained in the Retirement Plan stricken hereby, which litigation sought or seeks to broaden the meaning and scope of a definition of Earnings virtually identical to that contained in said paragraph a beyond the meaning and scope of the definition of Earnings contained in said paragraph b. Section 23. Effective Date of the Plan shall mean January 1, 1975. Section 24. Eligible Employee shall mean any Full-Time Employee who comes within the provisions of Article III, Section 2, and who is not an Ineligible Employee as defined herein. Section 25. Employee shall mean any person who is regularly employed in the services of the City or the East Point Library, and any person who is an elected or appointed member of the Governing Authority. Section 26. Enrollment Date shall mean the date that an Employee first becomes a Participant under this Plan. Said date shall be established by the Pension Committee on a form provided for that purpose.

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Section 27. Final Average Earnings shall mean: a. For a Class 1 Participant, the average of the Annual Earnings paid to such Participant during any consecutive twelve (12) month period during the sixty (60) months preceding his actual date of Retirement in which his Earnings were highest; and, b. For a Class 2 and Class 3 Participant, the average of the Annual Earnings paid to a Participant during any consecutive five (5) year period preceding his actual date of Retirement in which his Earnings were highest; or if he had less than five (5) years of Total Credited Service, then his Final Average Earnings shall be his average Earnings for his Total Credited Service. Section 28. Fire Fighter shall mean a Full-Time Employee who is employed by the East Point Fire Department and who is certified under the Georgia Fire Fighter Standards and Training Act. Section 29. Full-Time Employee shall mean an Employee who works at least thirty (30) hours per week. Section 30. Future Service shall mean the number of years and complete months of Service of a Participant from his Enrollment Date to his effective date of Termination. Section 31. Governing Authority shall mean the Mayor and Council of the City of East Point, Georgia. Section 32. Ineligible Employee shall mean any Employee in the class or classes enumerated in Article III, Section 1. Section 33. Interest shall mean a pro rata share of any and all interest, dividends, and capital gains or losses earned on the invested or reinvested funds of the JMEBS Investment Fund. Section 34. Investment Fund shall mean the total amounts of all Contributions plus Interest, invested or uninvested, held by the Board of Trustees for all JMEBS member Employers and their Employees where applicable.

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Section 35. Library shall mean the East Point Library. Section 36. Monthly Retirement Benefit shall mean the monthly benefit as provided in Article V or any optional benefit payable in lieu thereof as provided in Article VI. Section 37. New Employee shall mean any Employee hired or rehired after the Adoption Date of the Plan, except as otherwise provided for in Article III, Section 3. Section 38. Normal Retirement Age shall mean age fifty (50) for Class 1 Participants, age fifty-five (55) for Class 3 Participants, age sixty (60) for Class 2 Participants who are elected or appointed members of the Governing Authority, and age sixty-five (65) for Class 2 Participants who are not elected or appointed members of the Governing Authority. Section 39. Normal Retirement Date shall mean the first day of the month coinciding with or next following the day a Participant qualifies for Retirement as provided in Article IV, Section 1 and Section 2. Section 40. Participant or Participating Employee shall mean any Eligible Employee, or any elected or appointed member of the Governing Authority, who complies with the requirements of Article III, Section 4. Section 41. Past Service shall mean the number of years and complete months, determined by the Employer, to represent uninterrupted Service: a. Of a Class 1 Participant in the employment of the City or Library prior to the Effective Date of the Plan; or, b. Of an elected or appointed member of the Governing Authority, who is on 12/1, 1987, serving as an elected or appointed member of the Governing Authority. Section 42. Pension Committee shall mean the committee created in this Ordinance to represent the Employer in the administration of the Plan hereby established.

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Section 43. Plan shall mean the provisions of this Ordinance setting forth the Employees to be covered, the benefits to be provided, and the conditions of retirement and all amendments thereto which may hereafter be made, to be known as the Retirement Plan for the Employees of the City of East Point, Georgia. Section 44. Plan Year shall mean each twelve (12) month period ending on the day immediately preceding each January 1. Section 45. Police Officer shall mean a Full-Time Employee who is employed by the East Point Police Department and who is certified under the Georgia Peace Officer Standards and Training Act. Section 46. Retired Participant shall mean any Participant who has terminated Service with the Employer and who is receiving a benefit provided under the Plan. Section 47. Retirement shall mean withdrawal from Service with a retirement allowance granted under the provisions of the Plan. The City or Library may engage as an Ineligible Employee any person receiving benefits hereunder and such engagement shall not terminate or suspend such benefits. Section 48. Retirement System, System, or JMEBS shall mean the Joint Municipal Employees Benefit System created by O.C.G.A. Section 47-5-1 et seq. Section 49. Service shall mean regular service rendered as an Employee of the City or the East Point Library. Service includes absence from active employment with the City or Library under conditions which are not treated by it as a termination of employment. Service also means any tenure of elective office held by an elected or appointed member of the Governing Authority provided that such tenure of office does not include any calendar period during which any elected or appointed member of the Governing Authority is also in the regular service of the Employer as a Full-Time Employee. Section 50. Terminated Participant shall mean any Participant terminated from Service with a Vested Benefit under any provision

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of the Plan. Section 51. Termination shall mean a severance of employment with the Employer, including Retirement, resignation or discharge, lapse of recall rights after layoff, failure to return to service as an Eligible Employee after an approved leave of absence, death, or vacation of office by an elected or appointed member of the Governing Authority. Section 52. Total Credited Service shall mean the sum of Credited Past Service and Credited Future Service, as defined herein, of a Participant, but shall be limited to such maximum number of years, if any, as may be prescribed in Article V, Section 1b(3). Section 53. Trust Fund shall mean the total amounts, invested or uninvested, held at any time by JMEBS in trust for the Employer under the Joint Trust Agreement attached hereto and denoted as Appendix A. Section 54. Vesting, Vested Right, Vested Benefit shall mean the rights of a Terminated Participant as specified in Article VII, Section 3, Section 4, or Section 5 of the Plan. ARTICLE III. ELIGIBILITY, QUALIFICATION, AND PARTICIPATION Section 1. Ineligible Classes of Employees. The following classes of Employees shall not become eligible for participation in the Plan. CLASS 1 Employees, other than elected or appointed members of the Governing Authority, who regularly work less than thirty (30) hours per week in the Service of the City or Library, or who are regularly employed for less than eleven (11) months in any year. CLASS 2 Any person employed by the Employer to perform scientific, technical, engineering, accounting, legal, or similar expert services in a consulting capacity on a retainer or fee

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basis. CLASS 3 Any person who is an active participant in the retirement plan of any other JMEBS Member. A retired participant or a terminated participant of any other JMEBS Member shall not be considered an active participant for the purposes of this subsection. CLASS 4 Any participant in any superseded plan declining to waive any entitlement to retirement benefits provided thereunder. Section 2. Eligible Classes of Employees. All Employees not excluded by Article III, Section 1 shall qualify as Participants by meeting the pertinent requirements set forth in Article III, Section 3. Eligible Classes of Employees are as follows: Class 1 Eligible Employees regularly employed on the Adoption Date of the Plan who were participants in any superseded plan and who have waived entitlement to retirement benefits provided by such superseded plan. Class 2 New Employees and elected or appointed members of the Governing Authority who are not classified as Police Officers or Fire Fighters, and New Employees who are classified as Police Officers and Fire Fighters employed on 12/1, 1987, who decline to waive any claim they may have or claim to have for the inclusion of unused sick leave pay and unused vacation leave pay in calculating earnings for retirement benefits. Class 3 New Employees classified as Police Officers or Fire Fighters employed on 12/1, 1987, who waive any claim they may have or claim to have for the inclusion of unused sick leave pay and unused vacation leave pay in calculating earnings for retirement benefits, and New Employees

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classified as Police Officers or Fire Fighters employed after 12/1, 1987. Section 3. Qualifications for Participation. a. Each Class 1 Employee shall be qualified to apply for participation in the Plan on the Effective Date of the Plan or on the first day of the month immediately following or coinciding with his employment date, whichever is later. b. Each other Employee shall be eligible to participate in the Plan on the first day of the month immediately following or coinciding with his employment date as a Full-Time Employee, provided, however, that he has not attained age sixty (60). c. Any Eligible Employee hired after the Effective Date of the Plan, whose immediate prior employment was with another employer in the JMEBS and who was a Participant in that employer's plan, shall be allowed to become a Participant on the first day of the month coinciding with or next following the month in which he is employed, regardless of any other requirements in this section. d. Any Eligible Employee whose employment terminates and who later resumes employment in an Eligible Employee class shall be considered a New Employee as of his date of reemployment unless he was a former Participant who has not withdrawn his Accumulated Contributions, if applicable, or who repays any amounts previously withdrawn plus interest calculated at a rate of five percent (5%) per annum and meets one of the following conditions: (1) A former Participant who is reemployed in an Eligible Employee class within one (1) year after termination of his employment with the Employer may resume participation on the first day of the month immediately following or coinciding with his reemployment, but the time he was absent shall not be taken into account for the purpose of calculating benefits under the Plan. (2) A former Participant who is reemployed in an Eligible

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Employee class more than one (1) year after his date of termination and who spent the interim period in the continuous employment of another employer in the JMEBS may resume participation on the first day of the month coinciding with or next following the month in which he is reemployed, but the time he was absent shall not be taken into account for the purpose of calculating benefits under the Plan. (3) A former Participant who is reemployed in an Eligible Employee class after a period of involuntary service in the Armed Forces of the United States, and who meets the provisions of Article III, Section 5, may resume participation on the first day of the month coinciding with or next following the month in which he is reemployed, but the time he was absent shall not be taken into account for the purpose of calculating benefits under the Plan unless otherwise authorized by the Governing Authority. (4) A former Participant who is reemployed in an Eligible Employee class after being on an authorized leave of absence and who meets the provisions of Article III, Section 5, may resume participation on the first day of the month coinciding with or next following the month in which he is reemployed in accordance with the terms of the leave as approved by the Governing Authority. e. Each elected or appointed member of the Governing Authority who holds an office of the Employer, shall be qualified to apply for participation in the Plan on the first day of the month immediately following or coinciding with the date he occupies any elective office of the Governing Authority. Section 4. Participation. a. Each Employee who meets the qualifications for participation in the Plan as set forth in Article III, Section 3, shall become a Participant in the Plan by: (1) Authorizing in writing the City to deduct from his Earnings the Contributions required of him as provided in Article IX, Section 1; and

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(2) Filing with the Pension Committee, on a prescribed form, such information as shall be required by the Pension Committee, which shall include the Employee's acceptance of the terms and conditions of the Plan and designation of a Beneficiary prior to Retirement. b. Participation in the Plan shall not give any Employee the right to be retained in the employ of the City or Library, nor upon dismissal to have any right or interest in the Trust Fund other than is herein provided. c. Participation shall cease upon Termination or upon an Employee otherwise becoming ineligible to participate in the Plan. Section 5. Leaves of Absence. The Governing Authority shall determine the date of expiration of any leave of absence granted to a Participant, other than an elected or appointed member of the Governing Authority, and if such Participant has not returned to his regular employment as an Eligible Employee in accordance with such determination, his interest, if any, under the Plan shall be only such as existed at the commencement of such leave of absence. a. If, after his Enrollment Date, a leave of absence has been or is granted a Participant, other than an elected or appointed member of the Governing Authority, for the purpose of involuntary service in the Armed Forces of the United States or for some other purpose as approved by the Governing Authority, he shall for the purposes of the Plan not be deemed to have broken continuity of Credited Future Service, provided: (1) Such a Participant was regularly employed by the City or Library immediately prior to his leave of absence, and (2) He makes application for reemployment on or before the date of expiration of any leave of absence or within ninety (90) days after he first becomes entitled to his discharge or release from involuntary service in the Armed Forces of the United States, and

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(3) He is reemployed as an Eligible Employee within ninety (90) days after such application. b. Such periods of absence shall not be counted as Credited Future Service for the purpose of computing a benefit hereunder unless the leave, as authorized by the Governing Authority, specifically permits such Participant to continue accumulating Credited Future Service during the authorized leave of absence. In order for a Participant to continue accumulating Credited Service during any authorized leave of absence, he shall not withdraw his Accumulated Contributions from the Trust Fund and he shall continue to make required Contributions during said leave based upon the rate of pay he was receiving immediately prior to such leave. ARTICLE IV. RETIREMENT ELIGIBILITY AND DATES Section 1. Retirement Eligibility. a. The Retirement prerequisites of a Participant under this Plan are contingent upon the method of Retirement selected by such Participant; that is, Normal Retirement, Early Retirement, Delayed Retirement, or Disability Retirement; and whether or not such Participant is a Full-Time Employee. The prerequisites associated with each Retirement method or employment status shall be as specified below in pertinent provisions of Sections 2, 3, 4, and 5, respectively, of this Article IV. b. Retirement under the Plan is contingent upon the satisfactory completion of a prescribed form provided for such purpose and the acceptance of the Retirement application by the Pension Committee. c. Retirement applications shall be prepared and submitted at such time as to reach the office of JMEBS no earlier than ninety (90) days and no later than thirty (30) days prior to a Participant's effective Retirement Date. Section 2. Normal Retirement Date.

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a. The Normal Retirement Date of a Class 1 Participant shall be the first day of the month coinciding with or next following the date he has attained age fifty (50) and completed at least eight (8) years of Total Credited Service (excluding any time earned for active duty as a member of the Armed Forces of the United States). b. The Normal Retirement Date of a Class 2 Participant who is an elected or appointed member of the Governing Authority shall be the first day of the month coinciding with or next following the date he has attained age sixty (60) (excluding any time earned for active duty as a member of the Armed Forces of the United States) c. The Normal Retirement Date of a Class 2 Participant who is not an elected or appointed member of the Governing Authority shall be the first day of the month coinciding with or next following the date he has attained age sixty-five (65) (excluding any time earned for active duty as a member of the Armed Forces of the United States). d. The Normal Retirement Date of a Class 3 Participant shall be the first day of the month coinciding with or next following the date he has attained age fifty-five (55) (excluding any time earned for active duty as a member of the Armed Forces of the United States). Section 3. Early Retirement Date. a. A Class 2 or Class 3 Participant may retire from the Service of the City or Library on the first day of any month prior to his Normal Retirement Date, provided he has attained at least age fifty (50) and has a minimum of ten (10) years of Total Credited Service (excluding any time earned for active duty as a member of the Armed Forces of the United States). Section 4. Delayed Retirement Date. A participant may retire from the Service of the Employer on the first day of any month subsequent to his Normal Retirement Date. Section 5. Disability Retirement Date. A Participant may retire

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under the provisions of the Plan, regardless of any age or service restrictions otherwise contained herein, on the first day of the first calendar month in which such Participant becomes entitled to receive disability insurance benefits under the Federal Social Security Act, as amended, or on the first day of the calendar month coinciding with or next following the date a Participant qualifies for Disability if such Participant lacks the quarters of Social Security coverage required to receive disability insurance benefits under the Federal Social Security Act. Upon actual Retirement, such Participant shall receive the Disability Retirement benefit provided in Article V, Section 4, or any other Retirement benefit granted under the Plan for which he is eligible if such benefit is greater than the aforesaid Disability Retirement benefit. However, under no circumstances shall any Retired Participant be entitled at one time to more than one type of Retirement Benefit granted under the Plan. ARTICLE V. RETIREMENT BENEFITS Section 1. Normal Retirement Benefit. a. A Participant, upon Retirement on his Normal Retirement Date, shall receive a Monthly Retirement Benefit under which payments shall commence on the first day of the month following his Normal Retirement Date and shall be payable on the first day of each month thereafter during his lifetime. The amount of the Monthly Retirement Benefit for Service: (1) As a Full-Time Employee of the City shall be determined as one-twelth (1/12) of two and one-fourth percent (2-%) of the Participant's Final Average Earnings multiplied by his years of Total Credited Service. (2) As an elected or appointed member of the Governing Authority shall be twenty-five dollars ($25.00) per month for each year of Total Credited Service. However, in no event shall the Monthly Retirement Benefit of an elected or appointed member of the Governing Authority exceed 100% of the monthly salary he was receiving as an elected or appointed member of the Governing Authority immediately prior to his Retirement. The provisions of

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this subparagraph (2) shall in no way prohibit any cost-of-living increases that may be due an elected or appointed member of the Governing Authority after his Retirement date. (3) As both a Full-Time Employee and an elected or appointed member of the Governing Authority shall be: (a) The monthly retirement benefit for Service as a Full-Time Employee as provided for in (1) above, plus (b) The monthly retirement benefit for Service as an elected or appointed member of the Governing Authority as provided for in (2) above. b. The following provisions shall apply to the calculation of paragraph a above: (1) Credited Past Service shall be as defined in Article II, Section 14, except, however, that any Eligible Employee or any elected or appointed member of the Governing Authority who does not elect to become a Participant as of the date he is first qualified to do so may elect to become a Participant on the first day of any succeeding month; provided, however, that the Credited Past Service of such Participant shall not include the period of Service from the date he was first qualified to become a Participant to the date he elects to become a Participant, or any creditable Past Service due him on the date he was first qualified to become a Participant under the Plan; and further provided that, except for elected or appointed members of the Governing Authority, he has enough time remaining until Normal Retirement Age to accrue at least five (5) years of Total Credited Service. (2) Credited Future Service shall be as defined in Article II, Section 13. (3) Total Credited Service, both past and future, shall be the sum of Credited Past and Credited Future Service. The amount of Total Credited Service for any Participant shall be unlimited.

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(4) Maximum Annual Earnings to be used for computing Final Average Earnings shall be unlimited. (5) Final Average Earnings shall be used for computing the Monthly Retirement Benefit, except as otherwise provided herein. (6) Full months of Credited Past and Future Service shall be treated as fractions of one (1) year. Partial months shall not be included in the calculation. Section 2. Early Retirement Benefit. A Participant, upon Retirement on his Early Retirement Date, shall receive a Monthly Retirement Benefit under which payment shall commence on the first day of the month following the Participant's Early Retirement Date and shall be payable on the first day of each month thereafter during the lifetime of the Participant. The amount of such Monthly Retirement Benefit shall be computed in the same manner as for a Normal Retirement Benefit, but reduced on an Actuarially Equivalent basis in accordance with the actuarial table contained in Article VIII, Section 1. Section 3. Delayed Retirement Benefit. The Delayed Retirement Benefit shall be calculated in the same manner as the Normal Retirement Benefit. In determining the Delayed Retirement Benefit, Total Credited Service shall include the sum of Credited Past Service and Credited Future Service accruing after a Participant's Normal Retirement Date. Section 4. Disability Retirement Benefit. The amount of the Disability Retirement Benefit shall be calculated in the same manner as the Normal Retirement Benefit with no actuarial reduction for age imposed. In no event, however, in the case of a Full-Time Employee, will a Participant's Disability Retirement Benefit be less than twenty percent (20%) of his average monthly Earnings for the twelve (12) calendar month period immediately preceding his termination of employment as a result of a Disability. Upon Retirement on his Disability Retirement Date, a Participant shall receive a Monthly Retirement Benefit commencing on the first day of the month coinciding with his Disability Retirement Date and payable on the first day of each month thereafter so long as his Disability continues.

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Section 5. Direct Deposit of Retirement Benefits. a. The Pension Committee may authorize the direct deposit of Monthly Retirement Benefits into banks, trust companies, savings banks, savings and loan associations, and credit unions, based upon the election of a Retired Participant or Beneficiary. Such election shall be in writing on a form provided for that purpose. b. In the event that a direct deposit results in the misapplication of Retirement benefits which are unrecoverable, the amount of the loss shall be charged to the Employer's Trust Fund. Section 6. Suspension of Benefits. a. Any Retirement benefit payable under this Plan to any Participant shall be suspended, except as otherwise provided herein, as of the date he is reemployed as an Eligible Employee or holds an elective office of the Governing Authority, and shall be resumed as of the first day of the month following his subsequent Retirement. In any case where the payment of a Participant's Retirement benefit shall have been so suspended, the Retirement benefit payable on his subsequent Retirement (whether before or after his Normal Retirement Date) shall be the benefit computed in accordance with this Article V on the basis of his aggregate Credited Services, and for a Full-Time Employee on the basis of his Final Average Earnings, at the time of his subsequent Retirement, but reduced on an acturial basis by the value of: any Early Retirement Benefits received by him prior to being reemployed as an Eligible Employee or return to elective or appointive office, and by any actuarial factors used in calculating the benefit payable at the time of his previous Retirement. In no event shall the resulting benefit be less than the benefit payable at the time of his previous Retirement. A Retired Participant who is reemployed as an Eligible Employee or returns to elective or appointive office shall not be authorized to change his Beneficiary on his subsequent Retirement or to name a Beneficiary in Retirement if one had not been previously named. For the purposes of this section, any such Participant's Credited Service subsequent to

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his reemployment by the Employer or holding of an elective or appointive office shall commence as of the date of his reemployment as an Eligible Employee or as of the date his term of office begins, whichever is applicable. b. Any Disability Retirement benefit payable under this Plan to any Participant shall be suspended as of the date his Disability ceases. In any case where the payment of a Participant's Disability Retirement benefit shall have been so suspended, the period of absence from employment due to such Disability shall be treated as a leave of absence without pay and the provisions of Article III, Section 5 shall apply except that such period of absence shall not be counted as Credited Future Service. Any Participant who shall have retired or been retired pursuant to the provisions of Article IV, Section 5 and who dies or who has been or shall be subsequently declared ineligible for a Disability Retirement benefit because of a cessation of said Disability shall have a right to any benefit afforded under any other provision of this Plan to which he or his Beneficiary might otherwise be entitled. In such a case, any Disability Retirement payments made prior to the date his Disability ceases or is declared to no longer exist shall be retained by the retiree and disregarded in computing any other benefit payable under this Plan. Section 7. Cost-of-Living Adjustment. a. The amount of the benefits payable under this Plan to a Participant or his Beneficiary shall be adjusted by the Current Average Cost-of-Living Index Figure as provided herein. b. The Current Average Cost-of-Living Index Figure shall be ascertained as of January 1 in each year. c. Each Monthly Retirement Benefit then being received shall thereupon be adjusted as follows: (1) Each Monthly Retirement Benefit shall be increased by the percentage the Current Average Cost-of-Living Index Figure increased over each recipient's Cost-of-Living

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Base Figure. If the Current Average Cost-of-Living Index Figure is less than the Average Cost-of-Living Index Figure determined on January 1 of the previous calendar year, no reduction in the Monthly Retirement Benefit shall be effected. Increased benefits are payable at the end of the month in which the adjustment is made. (2) Notwithstanding the foregoing provisions, no increase in the amount of a Monthly Retirement Benefit due to changes in the Current Average Cost-of-Living Index Figure effective at any annual adjustment date (January 1) shall be in excess of three percent (3%) of the amount of the Monthly Retirement Benefit payable immediately prior to each Participant's or Beneficiary's applicable adjustment date. ARTICLE VI. OPTIONAL FORMS OF RETIREMENT INCOME Section 1. Election of Optional Retirement Benefits. An unmarried Class 1 Participant, or a Class 2 or Class 3 Participant, may elect or may revoke a previous election and make a new election, at any time prior to his actual Retirement date, to have his Retirement benefit payable under one of the options hereinafter set forth in lieu of the Retirement benefit he is otherwise entitled to receive. The benefit shall be paid in accordance with the terms of such option elected. Election of any option shall be made by the Participant in writing and shall be subject to approval by JMEBS. Further, election of any option made by a Class 1 Participant shall be or become void if he is married at the time of such election, or becomes married subsequent to such election but prior to his actual Retirement. Section 2. Description of Options. The amount of any optional retirement benefit set forth below shall be the Actuarial Equivalent of the amount of benefit that would otherwise be payable to the Participant under Article V. OPTION A: Joint and Survivor Option . A decreased retirement benefit which shall be payable during the lifetime of the Participant and, if his Beneficiary should survive him, shall continue after his death during the lifetime of his Beneficiary

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in the same amount or in such smaller amount as the Participant may designate. If the Beneficiary does not survive the Participant, all payments shall cease at the death of the Participant and no further benefits will accrue to his estate or to other persons except as provided in Article VII, Section 2. This option shall be known as Option A. The retirement benefit under Option A shall be calculated in accordance with Article VIII, Section 2a or 2b, whichever is applicable. OPTION B: Period Certain and Life Option . A decreased retirement benefit payable monthly to the Participant during his lifetime and, in the event of his death within a period of five (5), ten (10), fifteen (15), or twenty (20) years after his Retirement, the same monthly amount shall be payable for the balance of such period to a Beneficiary designated by him. If the Beneficiary does not survive the Participant all payments shall cease at the death of the Participant and no further benefits will accrue to his estate or to other persons except as provided in Article VII, Section 2. This option shall be known as Option B. The retirement benefit under Option B shall be calculated in accordance with Article VIII, Section 3. OPTION C: Social Security Option . An increased retirement benefit, determined as of the Participant's Early Retirement Date, payable to him during his lifetime until his retirement benefits commence under the Federal Social Security Act, and a decreased retirement benefit payable thereafter for life in order to have a more level retirement income when such decreased retirement benefit is added to his primary benefits under the Federal Social Security Act. At the death of the Participant all payments will cease and no further benefits will accrue to the estate of the Participant or to other persons except as provided in Article VII, Section 2. This option shall be known as Option C. The Actuarial Equivalent factors to be applied in calculating benefits under Option C shall be those contained in Article VIII, Section 4a or 4b, whichever is applicable. Section 3. Cancellation of Election. The election by a Participant of any option in Section 2 of this Article VI shall be null

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and void if either the Participant or his designated Beneficiary shall die before the Participant's effective Retirement date. Section 4. If an optional form of retirement payment available in this Article is chosen and the Beneficiary is other than the Participant's spouse, the Actuarial Equivalent present value of payments to be made to the Participant must be more than fifty percent (50%) of the Actuarial Equivalent of the present value of the total payments to be made to the Participant and his Beneficiary. ARTICLE VII. DEATH OR TERMINATION OF EMPLOYMENT Section 1. Death Prior to Retirement. a. Upon becoming eligible for Participation in accordance with Article III, a Participant may designate one and only one Beneficiary on a form provided for that purpose. In so doing, he specifically provides thereby that in the event the Participant's employment or term of office is terminated by reason of his death prior to his Retirement, there shall be paid to his designated Beneficiary a monthly death benefit actuarially equivalent to the reserve required for the Participant's anticipated Normal Retirement benefit, or, at the election of said Beneficiary, a refund of the deceased Participant's Accumulated Contributions in lieu of a monthly death benefit. In calculating the Normal Retirement benefit under the provisions of this section, the following assumptions shall be used: (1) The Participant's age at the time of his death is sixty-five (65), or his attained age if his attained age is greater than sixty-five (65); and, (2) For Eligible Employees employed by the City or Library prior to 12/1, 1987, the Total Credited Service shall include the amount of Credited Service accrued prior to the date of the Participant's death plus one-half () of the Service between such date of death and what would otherwise have been the Participant's Normal Retirement Date. In no event shall the amount of Total Credited Service

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exceed the sum of the actual Service performed plus ten (10) calendar years; or, (3) For Eligible Employees employed by the City or Library on or subsequent to 12/1, 1987, and for elected or appointed members of the Governing Authority, the Total Credited Service shall include the amount of Credited Service accrued prior to the date of the Participant's death. The death benefit under this section shall be calculated in accordance with Article VIII, Section 5. b. In no event shall the benefit payable hereunder to the surviving spouse of a Class 1 Participant be less than two-thirds () of such Participant's accrued Normal Retirement benefit unless said surviving spouse remarries, in which case his or her benefit shall be recalculated in accordance with the death benefit formula specified in paragraph a in this section, and any benefits payable to the remarried spouse subsequent to such remarriage shall be reduced accordingly. c. Designation of a Beneficiary may be changed by the Participant in writing on a form provided for that purpose at any time prior to actual Retirement. Only the last such designation of a Beneficiary prior to Retirement shall have effect and any new designation of a Beneficiary invalidates, supersedes, and revokes any prior designation. Section 2. Death After Retirement. Upon the death of a Participant subsequent to his Retirement, there shall be payable to the Participant's designated Beneficiary, a benefit to be determined as follows: a. If a Class 2 or Class 3 Participant, or an unmarried Class 1 Participant has not elected an optional form of payment as provided in Article VI, or if he has elected an optional form of payment and his designated Beneficiary does not survive him, no further payment of any kind whatsoever shall be made at the death of the Participant, unless he shall die before the total sum of his Accumulated Contributions has been paid to him, in which case the balance shall be paid

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in a lump sum to his designated Beneficiary or estate. b. If an unmarried Class 1 Participant, or a Class 2 or Class 3 Participant, has elected an optional form of payment as provided in Article VI, and his designated Beneficiary survives him, benefits shall be payable to the Beneficiary as provided by the option elected. If the Participant's Accumulated Contributions have not been paid prior to the death of the Participant and his Beneficiary, the balance shall be paid in a lump sum to his estate. c. If a Class 1 Participant is married on his Retirement Date his spouse, to whom he is married on his Retirement Date, shall be his designated Beneficiary and if said designated Beneficiary survives the Participant he or she shall be entitled to a Retirement benefit equal to two-thirds () of the deceased Participant's Retirement benefit. Said Beneficiary's benefit shall terminate upon the death or remarriage of the Beneficiary. If a Class 1 Participant's spouse does not survive him, no further payment of any kind whatsoever shall be made at or subsequent to the death of the Participant, unless he shall die before the total sum of his Accumulated Contributions has been paid to him, in which case the balance shall be paid in a lump sum to his estate. Section 3. Termination of Employment Before Retirement. a. A Participant, other than an elected or appointed member of the Governing Authority, whose employment is terminated under any of the following conditions for any reason other than death or Retirement shall be entitled to a Vested Right in his Accrued Benefit. Payment of such Vested Retirement Benefit shall commence on the first day of the month following his Normal or Early Retirement Date at the option of the Participant and shall be payable on the first day of each month thereafter during the life of the Participant. The amount of such Monthly Retirement Benefit shall be computed in the manner prescribed for Normal or Early Retirement in Article V herein, but based upon his Final Average Earnings and Total Credited Service up to the Participant's date of Termination with the City or Library. The conditions for a Vested Retirement Benefit under this

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section shall be one of the following: (1) A Class 1 Participant whose employment is terminated voluntarily or involuntarily shall be entitled to a Vested Benefit if he has completed a minimum of eight (8) years of Total Credited Service in the Plan (exclusive of any time credited for service as a member of the Armed Forces of the United States); or, (2) A Class 2 or Class 3 Participant whose employment is terminated voluntarily or involuntarily shall be entitled to a Vested Benefit if he has completed a minimum of ten (10) years of Total Credited Service in the Plan (exclusive of any time credited for service as a member of the Armed Forces of the United States); or, (3) A Participant whose employment is terminated because he is disabled shall be entitled to a Vested Benefit provided his Disability began on or before the Participant's date of Termination of employment. No Disability benefit shall be payable unless application for such benefit is made within one (1) year after employment is terminated as a result of such Disability, except when a delay is caused by a pendency of a Disability determination by the Social Security Administration. b. Except as otherwise provided in paragraph a of this section, a Participant whose employment shall become terminated for any reason other than death or Retirement shall within sixty (60) days after such termination request that his Accumulated Contributions be withdrawn. Failure to make such request within the allotted time shall terminate the accrual of any further Interest. c. If a Participant chooses, upon Termination, to withdraw his Accumulated Contributions from the Trust Fund, the provisions of paragraph a of this section shall be null and void and his Accumulated Contributions shall be returned within ninety (90) days of the receipt of his request by JMEBS. d. A Participant may not withdraw from the Plan nor

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withdraw his Accumulated Contributions so long as he remains in the employment of the City or Library and he may not borrow against his Accumulated Contributions at any time. Section 4. Termination of Employment Before Retirement; Portability. a. A Participant, other than an elected or appointed member of the Governing Authority, whose employment is terminated either voluntarily or involuntarily for any reason other than death, Disability, or Retirement after one (1) year or more of participation in the Plan, shall have a right to a Vested Retirement Benefit under the conditions set forth below. Payment of such benefit shall commence, at the option of the Participant, on the first day of the month following his Normal or Early Retirement Date as prescribed in the Plan and shall be payable on the first day of each month thereafter, provided: (1) That his next employer and each successive employer until he qualifies for Retirement under this Plan be a JMEBS employer which maintains a JMEBS Retirement Plan with a provision on portability that is the same or substantially similar to this section. Each break in employment between successive JMEBS employers shall not exceed 60 days; and (2) That to be entitled to any benefits under the provisions of this Plan, the Participant must meet, through his Total Credited Service with all JMEBS employers prior to Retirement, the age, Service, and participation requirements for Normal or Early Retirement as provided for herein; and, (3) That the amount of such Monthly Retirement Benefit shall be computed in the manner prescribed for Normal or Early Retirement in Article V herein, but based on his Final Average Earnings and Total Credited Service up to the Participant's date of termination of employment with the Employer.

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b. In the event the Participant's immediately preceding employment was with a JMEBS employer or employers, the service performed for such former employer or employers shall be used for the purpose of qualifying the Participant for Retirement under this Plan. In no event shall service with another JMEBS employer be used to calculate the benefit amount due the Participant from this Employer. c. In the event the Employer is his final JMEBS employer and the Plan allows Delayed Retirement beyond the Normal Retirement Date, the benefit under this section shall begin when the Participant retires and shall be computed as prescribed in Article V, Section 3. d. If a Participant chooses, upon Termination, to withdraw his Accumulated Contributions from the Trust Fund, the provisions of this section shall be null and void and his Accumulated Contributions shall be returned within ninety (90) days of the receipt of his request by JMEBS. Section 5. Termination of Tenure of Office Before Retirement. A Participant who is an elected or appointed member of the Governing Authoirty whose tenure of office is terminated shall be entitled to a Vested Benefit if he has completed a minimum of five (5) years of Total Credited Service in the Plan (exclusive of any time credited for service as a member of the Armed Forces of the United States). A Participant who is an elected or appointed member of the Governing Authority who has Credited Service as a Full-Time Employee of the Employer, shall have a vested right to his Credited Service both as a Full-Time Employee and as an elected or appointed member of the Governing Authority, provided his Total Credited Service equals at least ten (10) years. If such Total Credited Service is less than ten (10) years, the Participant's vested right shall be limited to his tenure of office as an elected or appointed member of the Governing Authority, provided his Total Credited Service as an elected or appointed member of the Governing Authority equals at least five (5) years.

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ARTICLE VIII. ACTUARIAL EQUIVALENT CONVERSION TABLES Section 1. Early Retirement Reduction Table. Number of Years Before Normal Retirement * * Interpolate for whole months. Percentage of Normal Retirement Benefit 0 1.000 1 .933 2 .867 3 .800 4 .733 5 .667 6 .633 7 .600 8 .567 9 .533 10 .500 11 .467 12 .433 13 .400 14 .367 15 .333 Section 2. Option A Tables. a. The following table is to be used for a Participant who is the same age or older than his Beneficiary:

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Participant Age - Beneficiary Age Contingent Annuity Factor 100% 75% 50% 25% 0 .833 .870 .909 .952 1 .826 .864 .905 .950 2 .819 .857 .900 .947 3 .811 .851 .896 .945 4 .804 .845 .891 .943 5 .797 .839 .887 .940 6 .790 .833 .882 .938 7 .783 .828 .878 .935 8 .776 .822 .874 .933 9 .769 .816 .870 .930 10 .763 .811 .866 .928 11 .757 .806 .861 .926 12 .751 .800 .858 .923 13 .745 .795 .854 .921 14 .739 .791 .850 .919 15 .733 .786 .846 .917 16 .728 .781 .843 .915 17 .723 .777 .839 .913 18 .718 .772 .836 .911 19 .713 .768 .833 .909 20 .708 .764 .830 .907 21 or more * * Factor for 20 year age difference minus extrapolation factor below times number of yers in excess of 20 that Participant's age exceeds his Beneficiary's age. * * * Contingent Annuity Percentage Extrapolation Factor 100% .005 75% .004 50% .003 25% .002 b. The following table is to be used for a Participant who is younger than his Beneficiary:

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Beneficiary Age - Participant Age Contingent Annuity Factor 100% 75% 50% 25% 1 .841 .876 .914 .955 2 .848 .882 .918 .957 3 .856 .888 .922 .960 4 .863 .894 .926 .962 5 .870 .899 .931 .964 6 .877 .905 .935 .966 7 .885 .911 .939 .968 8 .892 .916 .943 .970 9 .898 .922 .947 .973 10 .905 .927 .950 .974 11 .912 .932 .954 .976 12 .918 .937 .957 .978 13 .924 .942 .960 .980 14 .930 .946 .964 .981 15 .935 .951 .967 .983 16 .941 .955 .969 .984 17 .945 .959 .972 .986 18 .950 .962 .974 .987 19 .955 .966 .977 .988 20 .959 .969 .979 .989 21 or more .960 .970 .980 .990 Section 3. Option B Table. Period Factor 5 Years .973 10 Years .911 15 Years .842 20 Years .780 Section 4. Option C Tables. a. The following table is to be used when the benefits under the Social Security Option are payable for life:

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Age Factor 50 0.29019 51 0.31906 52 0.35122 53 0.38712 54 0.42726 55 0.47225 56 0.52278 57 0.57966 58 0.64387 59 0.71653 60 0.79899 61 0.89284 62 1.00000 b. The following table is to be used when the benefits under the Social Security Option cease at age 62: Age Factor 50 1.40883 51 1.46856 52 1.54136 53 1.63163 54 1.74599 55 1.89483 56 2.09545 57 2.37905 58 2.80798 59 3.52774 60 4.97485 61 9.33194 62 N/A Section 5. Life Annuity Factors to be Used for Computing Benefits in the Event of Death Prior to Retirement.

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Age Factor 21 12.5773 22 12.5567 23 12.5337 24 12.5082 25 12.4804 26 12.4501 27 12.4170 28 12.3809 29 12.3416 30 12.2994 31 12.2541 32 12.2056 33 12.1535 34 12.0976 35 12.0383 36 11.9754 37 11.9088 38 11.8384 39 11.7640 40 11.6855 41 11.6026 42 11.5154 43 11.4236 44 11.3274 45 11.2264 46 11.1207 47 11.0102 48 10.8952 49 10.7755 50 10.6509 51 10.5213 52 10.3869 53 10.2479 54 10.1041 55 9.9552 56 9.8010 57 9.6415 58 9.4769 59 9.3076 60 9.1331 61 8.9537 62 8.7698 63 8.5818 64 8.3903 65 8.1958 Section 6. Other Annuity Forms. Conversion factors for other annuity forms shall be computed by an enrolled Actuary on an actuarially equivalent basis assuming that the Participant is retiring at age 65 and using the UP-1984 Mortality Table without age setback with interest at 8%, regardless of the actual age and

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sex of any Participant or Beneficiary. If appropriate, such factors may vary by the difference between the Participant's age and the Beneficiary's age. Section 7. Other Forms of Payment. Other forms of benefit payment made upon plan termination or, if required for compliance with Section 401(a)(9) of the Internal Revenue Code, shall be computed on the basis of the actual age of the Participant or Beneficiary at the time of distribution and under the following actuarial assumptions: a. Interest: Rates that would be used to value the benefits for a Pension Benefit Guaranty Corporation trusteed single-employer plan which terminates on the first day of the plan year in which the distribution is made. b. Mortality: The mortality basis used by the Pension Benefit Guaranty Corporation for male retirees, regardless of the actual sex of the Participant or Beneficiary, as determined at the time of payment. c. Age at Which Payments Begin: The later of Normal Retirement Age or age at time of distribution of the Participant or Beneficiary. ARTICLE IX. CONTRIBUTIONS Section 1. Participant Contributions. a. Each Participant shall contribute monthly four and one-half percent (4-%) of his Earnings until Termination. All Participant Contributions shall be made in the form of deductions by the City of Library from the salary or wage of each Participant. In no event shall a Participant's Contributions exceed fifty percent (50%) of the total cost of his accrued benefits under the Plan. b. When a Participant is allowed to continue accumulating Credited Future Service during any authorized leave of absence, he shall be required to continue to make Contributions in the same amount and at the same rate as were deducted from his Earnings immediately prior to the beginning

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date of said leave of absence. c. If a Participant desires to withdraw his Accumulated Contributions after Termination, he must make his request on a form provided for that purpose and forward same to the Pension Committee Secretary. A Participant who withdraws his Accumulated Contributions waives for himself, his heirs and assigns, all his rights, title, and interest in the Plan. Accumulated Contributions shall be returned by JMEBS to the Participant through the Pension Committee Secretary within ninety (90) days of the receipt of the Participant's request by JMEBS. A partial withdrawal of Accumulated Contributions is not permitted. Section 2. Employer Contributions. The Employer shall make the necessary Contributions to fund that portion of the Retirement Plan not met by Participant Contributions. The amount of these Contributions shall be based upon the actuarial assumptions adopted by the Board of Trustees, the benefits provided in this Plan, and the number of Participants and their respective ages, Earnings, and lengths of Creditable Service and such other factors as the Board of Trustees shall deem appropriate to assure proper funding of this Plan. All Contributions by the Employer shall be applied as necessary to assure the payment of Accrued Benefits to Participants and Beneficiaries. Section 3. Due Date of Contributions. Employer and Participant Contributions are to be remitted to JMEBS on or before the fifth (5th) day of the month following collection. Contributions received by JMEBS by the fifth (5th) day of any month shall accrue interest from the first (1st) day of such month. Contributions received after the fifth (5th) day of any month shall accrue interest from the first (1st) day of the month following receipt of such payment. ARTICLE X. PENSION COMMITTEE Section 1. Creation and Composition. There is hereby created a Pension Committee which shall be composed of the following: a. City Personnel Director.

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b. Two (2) Employee representatives elected bi-annually by the Participants. c. Two members appointed by the Governing Authority, at least one of which shall be a member of the Governing Authority. Section 2. Responsibilities. The Pension Committee shall have the following responsibilities: a. In its dealings with JMEBS or its duly appointed representatives, the Pension Committee shall: (1) Furnish all information with respect to enrollment of Employees, including elected or appointed members of the Governing Authority. (2) Assure the collection and remittance to JMEBS of all required Contributions. (3) Furnish JMEBS, in accordance with its rules and regulations, all reports and other records required to administer this Plan. (4) Notify JMEBS, in accordance with its rules and regulations, of all benefit elections made by Participants under this Plan and all matters regarding payment of benefits. (5) Notify JMEBS of the termination of Participating Employees and the vacation of office by elected or appointed members of the Governing Authority. b. In dealing with those persons participating or eligible to participate in the Plan, the Pension Committee shall: (1) Be responsible for the enrollment of Eligible Employees and elected or appointed members of the Governing Authority. (2) Handle distribution of all reports to Participants.

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(3) Handle arbitration between the Employer and Participants in all matters regarding the Plan. (4) Handle any notices of eligibility, benefits, available options, and any other notices required by this Plan, Contract, or rules and regulations of JMEBS. Section 3. Secretary. The Pension Committee shall designate, in writing, a secretary or other representative who shall have full authority to represent the Committee in all communications with JMEBS and the Employer's Employees, including elected or appointed members of the Governing Authority. A copy of such written designation shall be forwarded to JMEBS. Section 4. Legal Assistance. The City Attorney or other attorney appointed by the Governing Authority shall furnish legal advice to the Pension Committee with respect to the Plan and the Committee's assigned responsibilities hereunder. ARTICLE XI. BOARD OF TRUSTEES Section 1. Powers. The powers of the Board of Trustees of JMEBS as fixed by the Act of the General Assembly creating said Board (O.C.G.A. Section 47-5-1 et seq.), as amended, are hereby incorporated as part of the Contract. The Employer agrees that, in the administration of the Plan, it will comply with all rules and regulations adopted by the Board of Trustees under its authority as granted by said Act. Section 2. Composition and Election. The composition of the Board of Trustees and the election of its members shall be as provided by an Act creating the Board of Trustees of the Joint Municipal Employees Benefit System (O.C.G.A. Section 47-5-1 et seq.) and as may be provided in the bylaws of the Board of Trustees of the Joint Municipal Employees Benefit System. Section 3. Officers. The election of officers by the Board of Trustees shall be conducted as may be prescribed by an Act creating the Board of Trustees of the Joint Municipal Employees Benefit System (O.C.G.A. Section 47-5-1 et seq.) and as may be provided in the bylaws of the Board of Trustees of the Joint Municipal Employees Benefit System.

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Section 4. Notice of Elections. The Board of Trustees shall provide through its bylaws for the giving of notice of elections, notice of any vacancy on the Board, the method or manner in which votes may be cast, and any other matter necessary or incident to the election of members of the Board. The Board may also provide for a proxy vote, and may determine how, when, and in what manner voting by proxy may be had in accordance with an Act creating the Board of Trustees of the Joint Municipal Employees Benefit System (O.C.G.A. Section 47-5-1 et seq.) and as may be provided in the bylaws of the Board of Trustees of the Joint Municipal Employees Benefit System. Section 5. Voting. Each JMEBS member employer shall be entitled to vote in any election or other matter placed before the membership as provided in the bylaws of the Board of Trustees of the Joint Municipal Employees Benefit System. Section 6. Voting Representative for the Employer. The secretary or other designated representative of the Pension Committee shall be the official representative of the Employer insofar as matters pertaining to JMEBS are concerned and is hereby designated as such official representative to cast the Employer's vote in any election of members of the JMEBS Board of Trustees and in any other matters which the membership has the authority and responsibility for resolving, unless the Employer notifies JMEBS to the contrary in writing. ARTICLE XII. JOINT TRUST AGREEMENT The Mayor is hereby designated and authorized to enter into, and execute on behalf of the Employer, the Joint Trust Agreement (attached hereto as Appendix A) with the Board of Trustees. ARTICLE XIII. CLAIMS AND LITIGATION Section 1. Disputes. In the event of disagreement between a Participant and the Employer with respect to any rights, claims, or responsibilities under the Plan which cannot be resolved by the Pension Committee as provided under Article X, the Participant may make an appeal regarding such rights, claims, or responsibilities

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to the Governing Authority. In the event that any such rights, claims, or responsibilities result in a suit or other legal action by a Participant or Beneficiary, such action shall be defended in the same manner as other suits against the Employer. Any legal action on behalf of the Employer in regard to the Plan shall be first authorized by the Governing Authority and shall be conducted in the manner prescribed by the Governing Authority. JMEBS shall have no responsibility to defend or pursue legal action arising under the Plan. Section 2. Failure to Act. JMEBS shall not be responsible for the failure of the Employer to perform any of its obligations under the Plan, including the duty to remit payments to JMEBS, to provide necessary records concerning Participants and their Earnings to JMEBS, or any other functions required of the Employer by the Plan, Contract or by the rules and regulations of JMEBS. ARTICLE XIV. AMENDMENT AND TERMINATION Section 1. Amendment of the Plan. The Governing Authority shall have the right at any time, and from time to time, to amend, in whole or in part, any or all of the provisions of the Plan; provided, however, that no such amendment shall: a. Reduce the benefits of any Participant or Beneficiary; or, b. Authorize or permit any part of the Trust Fund held by the Board to be diverted to purposes other than for the exclusive benefit of Participants and their Beneficiaries; or, c. Operate to deprive any Participant or Beneficiary of any rights or benefits irrevocably vested in him under the Plan prior to such amendment, except that the Governing Authority may make any and all changes or modifications necessary to qualify the Plan or to keep the Plan qualified under the Internal Revenue Code and the regulations thereunder, or any amendment thereto; or, d. Become effective until approved by the Board. In order to be approved by the Board, any amendment must comply

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with all applicable state and federal laws. If the Board does not approve an amendment, the Board shall continue to administer the Plan as if such amendment had not been made. Section 2. Amendment of the Plan to Transfer Assets; Termination of Trust Agreement. a. The Employer may amend the Plan and Contract so as to provide for the transfer of assets to successor trustees and to terminate the existing Trust Agreement between the Employer and the Board. Any such ordinance shall comply with Section 1 of this Article and with the requirements of the rules and regulations of the Board of Trustees regarding amendment and transfer of Plan assets. b. In addition to other requirements, such ordinance shall: (1) Designate a new trustee or trustees to replace the Board of Trustees; (2) Establish a termination date, in accordance with the rules and regulations of the Board of Trustees, which shall be used for purposes of the final audit; (3) State that the existing Retirement rights of Employees, Participants, and Beneficiaries shall not be impaired. c. The Board, in accordance with its current rules and regulations, shall cause to be prepared, an audit of the JMEBS Investment Fund in accordance with generally accepted accounting practices to determine the value of the Trust Fund as of the termination date. The Board shall then deduct from the Trust Fund the total expenses incurred or to be incurred by JMEBS in terminating the Plan. Distribution of assets to the successor trustees shall then occur within the time limits specified in Article XII of the Joint Trust Agreement. Section 3. Termination of the Plan and Distribution of Assets

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to Retired Participants, Beneficiaries, and other Participants. a. The Employer expects the Plan to be continued indefinitely but, of necessity, reserves the right to terminate the Plan and Contributions thereunder at any time by action of the Governing Authority. Such termination shall be accomplished by the adoption of an ordinance by the Governing Authority terminating the Plan. Such ordinance shall conform to the rules and regulations of the Board of Trustees governing Plan termination. b. Upon termination, all Eligible Employees shall be deemed to be Participants, and the Accrued Benefits of such Participants shall be vested. The Pension Committee shall notify Participants, Terminated Participants, Retired Participants, and Beneficiaries of the termination of the Plan, and shall provide a copy of such notice and the names and addresses of the persons notified to the Board. c. Upon termination, the Employer shall provide to JMEBS, current Participant information necessary to calculate Accrued Benefits. Upon receipt of such information, JMEBS shall prepare a list of all Participants and Beneficiaries, showing for each the present value of his Accrued Benefit as determined by the JMEBS Actuary as of the date of termination. d. The Board, in accordance with its current rules and regulations, shall cause to be prepared, an audit of the JMEBS Investment Fund in accordance with generally accepted accounting practices to determine the value of the Trust Fund as of the termination date. All mandatory Participant Contributions, if any, plus interest, shall be paid from the Trust Fund to the Participants. The Board shall then deduct from the Trust Fund the total expenses incurred or to be incurred by JMEBS in terminating the Plan. The Board, pursuant to its rules and regulations, shall then allocate the remaining assets for distribution of the present value of Accrued Benefits in lump sums to the classes listed below. The benefits of each class shall be satisfied before proceeding to the next class. If at any time the remaining Plan assets would be insufficient to provide the present value of

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Accrued Benefits for the class in question, the remaining assets shall be applied on a pro rata basis within that class, and all subsequent classes shall receive no benefit. CLASS 1 Retired Participants or Beneficiaries who are receiving payments as of the termination date. CLASS 2 Participants delaying Retirement beyond the Normal Retirement Date. CLASS 3 Participants eligible for Early Retirement. CLASS 4 Other Participants, terminated or active, who have met the requirements for vesting as of the termination date. CLASS 5 All other Participants on a pro rata basis. Payment of benefits to Retired Participants, Beneficiaries, and Participants by JMEBS as a result of a Plan termination shall be limited solely to the assets available in the Trust Fund. e. In its termination ordinance, the Governing Authority shall instruct JMEBS as to the distribution of excess assets, if any, remaining after the satisfaction of Accrued Benefits for the classes enumerated herein. In the absence of such instructions, any excess assets shall be distributed to the Employer. f. Upon distribution of the assets as specified above, the Plan and Contract shall be regarded as terminated and no Participant or Beneficiary shall have any further rights or claim therein. Section 4. Involuntary Termination a. JMEBS may discontinue administration of the Plan and terminate its trusteeship in the event of any of the following occurrences:

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(1) Failure of the Employer to comply with the terms of the Contract, including, but not limited to, failure to pay required Contributions; or, (2) Insistence by the Employer on enforcing an amendment to the Plan which the Board has disapproved; or, (3) Failure of the Employer to adopt within six (6) months, any Plan amendment which the Board has deemed necessary to keep the Plan in compliance with applicable state or federal laws or regulations. b. In the event of an involuntary termination, the members of the Governing Authority shall become successor trustees for the Plan. c. The Board shall notify the Governing Authority, Participants, and Beneficiaries in writing of an involuntary termination and the reasons therefore. Said notice shall also fix a termination date. Payment of benefits to Retired Participants and Beneficiaries shall become the responsibility of the Governing Authority, as successor trustees, as of the termination date. d. The Board, in accordance with its current rules and regulations, shall cause to be prepared, an audit of the JMEBS Investment Fund in accordance with generally accepted accounting practices to determine the value of the Trust Fund as of the termination date. The Board shall then deduct from the Trust Fund the total expenses incurred or to be incurred by JMEBS in terminating the Plan. Distribution of assets to the Governing Authority, as successor trustees, shall then occur within the time limits specified in Article XII of the Joint Trust Agreement.

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ARTICLE XV. MISCELLANEOUS Section 1. Construction. a. In the construction of the Plan all masculine shall include the feminine and the singular the plural in all cases where such meanings would be appropriate. b. The Plan shall be construed in accordance with the Laws of the State of Georgia. c. In the event that any section, subsection, sentence, clause or phrase of this agreement shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the previously existing provisions or the other section or sections, subsections, sentences, clauses or phrases of this agreement, 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 hereof. The Governing Authority hereby declares that it would have passed the remaining parts of this agreement 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 2. Non-Alienation of Benefits. None of the benefits, payments, proceeds or distributions payable under the Plan shall be subject to the claim of any creditor of any Participant or to the claim of any creditor of any Beneficiary hereunder, or to any legal process of levy or attachment by any creditor of any such Participant or Beneficiary; and no such benefits shall be in any manner liable for or subject to the debts, liabilities, engagements, or torts of any Participant or Beneficiary; and neither any such Participant or Beneficiary shall have any right to alienate, commute, anticipate, transfer, encumber, pledge, or assign any of the benefits, payments, proceeds, or distributions under the Plan. Section 3. Legally Incompetent. Any Participant or Beneficiary receiving or claiming benefits under the Plan shall be conclusively presumed to be mentally competent and of age until the Pension Committee receives a written notice, in a form and

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manner acceptable to it, that such person is incompetent or a minor, and that a guardian or other person legally vested with the care of his estate has been appointed. In the event a guardian of the estate of any person receiving or claiming benefits under the Plan shall be appointed by a court of competent jurisdiction, payments shall be made to such guardian provided that proper proof of appointment is furnished in a form and manner suitable to the Pension Committee. Any payment so made shall be a complete discharge of liability therefore under the Plan. Section 4. Benefits Supported Only by Trust Fund. Any person having any claim under the Plan shall look solely to the assets of the Trust Fund for satisfaction. In no event shall the Employer, or any of its employees or agents, be liable in their individual capacities to any person whomsoever, under the provisions of the Plan or of the Joint Trust Agreement. Section 5. Discrimination. The Employer, through the Pension Committee, shall administer the Plan in a uniform and consistent manner with respect to all Participants. Section 6. Limitation of Liability; Legal Actions. a. It is expressly understood and agreed by each Employee who becomes a Participant hereunder that, except for willful neglect or fraud, neither the Employer, the Pension Committee, nor the Board of Trustees shall be in any way subject to any suit or litigation, or to any legal liability, for any cause or reason or thing whatsoever, in connection with the Plan or its operation, and each such Participant hereby releases the Employer, all its employees and agents, the Pension Committee, and the Board of Trustees from any and all liability or obligation. b. The Employer and the Pension Committee shall be the only necessary parties to any action or proceeding involving any rights under the Plan or the proper administration thereof, and no Participant, Beneficiary, or other persons having or claiming to have an interest in the Plan shall be entitled to any notice of process. Section 7. Claims. Any payment to a Participant or Beneficiary,

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or to their legal representatives, in accordance with the provisions of the Plan, shall to the extent thereof be in full satisfaction of all claims hereunder against the Pension Committee or the Employer, either of which may require such Participant, Beneficiary, or legal representative, as a condition precedent to such payment, to execute a receipt and release therefor in such form as shall be determined by the Pension Committee or the Employer. Section 8. Application for Benefits. Any provision in the Plan to the contrary notwithstanding, benefits may become payable only after the Participant, Beneficiary, or their legal representative, whichever is applicable, has made written application therefor to the Pension Committee. Benefits to which a Terminated Participant is entitled for which no such application has been made within three (3) years of his Normal Retirement Date shall be forfeited. Benefits to which a Beneficiary is entitled for which no such application has been made within three (3) years of the Participant's date of death shall be forfeited. In no event shall any forfeitures be applied to increase the benefits any Participant or Beneficiary would otherwise receive under this Plan. Section 9. Intent. The Employer hereby agrees to abide by the bylaws and the rules and regulations of the Board of Trustees of JMEBS in all matters pertaining to the operation and administration of the Contract. It is intended that the Act creating the Board of Trustees of JMEBS, the bylaws of the Board, the rules and regulations of the Board, and this Contract are to be construed in harmony with each other. In the event of a conflict between the provisions of any of the foregoing, they shall govern in the following order: a. The Act creating the Board of Trustees of the Joint Municipal Employees Benefit System, O.C.G.A. Section 47-5-1 et seq.; b. The bylaws of the Board; c. The rules and regulations of the Board; d. This Ordinance and Contract.

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Section 10. Dismissal for Cause of Fraud, Embezzlement, or Theft. In the event the Employer shall receive prior to a Participant's actual Retirement date, written confession by such Participant, or proof satisfactory to the Governing Authority that such Participant has committed or has been convicted of having committed an act of fraud, embezzlement, or theft in connection with his duties or in the course of his employment with the City or Library, or in connection with the Plan, his participation in the Plan shall be forthwith terminated; and any vested interest other than his own Accumulated Contributions that such Participant may have in the Trust Fund shall be forfeited. Section 11. Errors in Computation of Benefits. Any overpayments or underpayments from the Trust Fund to a Retired Participant or to a Beneficiary caused by errors of computation shall be adjusted with interest at the rate of five percent (5%) per year compounded annually. Overpayments shall be charged against Retirement payments next succeeding the correction. Underpayments shall be made up from the Trust Fund. ARTICLE XVI. REPEALER CLAUSE All Ordinances or parts of Ordinances in conflict herewith are hereby expressly repealed. AN ORDINANCE (continued) Section 2. Each police officer and fire fighter participating in this Plan on the effective date of this amendment, other than a Class 1 participant as defined in Article III, Section 2 of the Plan, shall have the option to participate in the Plan as a Class 2 Participant or as a Class 3 Participant as defined in Article III, Section 2 of the Plan. Such police officers and fire fighters shall deliver to the Pension Committee Secretary, on a prescribed form, within sixty (60) days after the effective date of this amendment, written notice of his election whether to participate in the Plan as a Class 2 Participant, or as a Class 3 Participant. Such election shall be irrevocable. Section 3. Each elected or appointed member of the governing authority who is on the effective date of this amendment

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serving as an elected or appointed member of the governing authority, shall have the option to receive credit for service prior to the effective date of this amendment. Such elected or appointed members of the governing authority shall remit contributions required by Article II, Section 14 of the Plan to receive credit for such service. Within sixty (60) days after the effective date of this amendment, each elected or appointed member of the governing authority shall deliver to the Pension Committee Secretary written notice of his election to receive credit for his service prior to the effective date of this amendment. Such election shall be irrevocable, shall be made on a form prescribed for such purpose by the Pension Committee, and shall be accompanied by full payment for such service. Section 4. The rights and obligations under the Plan with respect to persons whose employment with the City or Library was terminated for any reason whatsoever prior to the effective date of this amendment are fixed and shall be governed by such Plan as it existed and was in effect at the time of such termination. Section 5. The effective date of this Ordinance shall be 12/ 1, 1987. Section 6. All ordinances and parts of ordinances in conflict herewith are hereby expressly repealed. Approved by the Mayor and Council of the City of East Point, Georgia, this 2 day of November, 1987. Attest: /s/ Evelyne K. Reeves City Clerk (SEAL) Approved as to Form and Substance: /s/ James A. Eidson City Attorney /s/ W.A. Ponder Mayor

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The terms and conditions of the foregoing Ordinance and Plan are hereby adopted and agreed to. IN WITNESS WHEREOF, the Board of Trustees of the Joint Municipal Employees Benefit System has caused its Seal and the Signatures of its duly authorized officers to be affixed this 23rd day of November, 1987. Attest: Board of Trustees Joint Municipal Employees Benefit System /s/ James V. Burgess, Jr. Secretary (SEAL) /s/ H.M. Stripling Chairman APPENDIX A to The Retirement Plan of The City of East Point, Georgia JOINT TRUST AGREEMENT This Agreement between the City of East Point, Georgia, and the Board of Trustees of the Joint Municipal Employees Benefit System, a public corporation established by O.C.G.A. Section 47-5-1 et seq. WITNESSETH: WHEREAS, the City of East Point, Georgia desires to provide Retirement Benefits for the sole and exclusive benefit of its Employees, and for such purpose has heretofore on the 2 day of Nov., 1987, adopted an Ordinance providing for the terms and conditions of such benefits, all in accordance with the above stated Act, and which has been accepted by the Board and is herein referred to as the Contract; and WHEREAS, such Contract provides for the execution of this Trust Agreement with the Joint Municipal Employees Benefit System; NOW, THEREFORE, in consideration of the mutual

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promises, purposes, and trusts herein contained and contained in said Contract, it is mutually agreed as follows: ARTICLE I. DEFINITIONS The definition of terms contained in Article II of the Plan shall govern the meaning of such terms used in this Joint Trust Agreement. ARTICLE II. TRUST FUND Section 1. a. Payments to the Board shall be remitted from time to time in accordance with the terms of said Contract and said moneys, which are the subject of this Trust, shall be held, administered, invested, reinvested, and distributed, all in accordance with this Trust instrument. b. The Board's responsibilities shall be as fixed by the said Act creating the Board of Trustees of the Joint Municipal Employees Benefit System, by this instrument, and by the said Contract. The Board is specifically held harmless by the Employer from any liability to any Participating Employee for benefits under the Employer's Plan, but shall be responsible only to the Employer for the proper administration of the moneys paid to the Board and payment of such moneys as directed by the Employer or its Pension Committee. Section 2. It is the intent and purpose of this agreement that this Trust be one of several trusts executed under authority of an Act creating the Board of Trustees of the Joint Municipal Employees Benefit System. It is understood by the parties to this Trust Agreement that it be similar in nature to other trust instruments executed with the Board of Trustees of the Joint Municipal Employees Benefit System, and the Board is hereby authorized to co-mingle assets of this Trust Fund with assets of other such Trust Funds of a similar nature in a common fund known as the JMEBS Investment Fund.

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ARTICLE III. POWERS Section 1. The Board may place assets held by it with banks or trust companies having corporate trust powers and authorized to do business in the State of Georgia, and to authorize any such bank or trust company to invest and reinvest such assets for its account, subject to the provisions relating to permissible investments in Chapter 5 of Title 47 of the Official Code of Georgia Annotated. The Board may employ such banks and trust companies as agents for the keeping of records and the receipt and disbursement of moneys held by or due the Board. Section 2. The Board may place assets held by it with insurance companies authorized to do business in the State of Georgia for the purpose of investment at guaranteed or anticipated rates of interest. The Board may purchase insurance contracts on the lives of Participating Employees and may purchase annuity contracts to provide Retirement benefits to Participating or Retired Employees and pay all premiums thereon. The Board may employ such insurance companies to provide actuarial advice and to provide services in the keeping of records and the receipt and disbursement of moneys held by or due the Board. Section 3. The Board is authorized to invest and reinvest assets held by it in any investments which are legal investments for domestic insurance companies under the Laws of Georgia, or in any investments authorized for trustees of private retirement plans by the Employees Retirement Income Security Act of 1974, as amended, or in any investments which may become such legal investments by future amendment to the applicable laws, and to purchase, acquire, hold, lease, sell and convey real and personal property. ARTICLE IV. MANAGEMENT OF FUNDS Section 1. The Board shall maintain: a. A Contribution account for the Employer, to which shall be credited its Contributions and Interest, if any, under the Plan, and b. Such other accounts, if any, as may be reasonably

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required in the discretion of the Board. Section 2. There shall be charged against the above accounts all payments made therefrom pursuant to the terms of the Contract and the rules and regulations of JMEBS. Section 3. The interest of the Employer in the JMEBS Investment Fund, and the interest of Participants in such Fund when employee contributions are made, shall be represented by units which shall constitute equal shares in such fund. The Board may, from time to time, establish new or additional funds and separate and place therein new Contributions rather than adding to the existing funds, and units therein shall represent equal shares in the respective funds. Section 4. The Board shall prescribe in its rules and regulations the method of valuation of assets. ARTICLE V. VALUATION OF FUNDS Section 1. The Board shall determine the principal and Interest of the Trust Fund on periodic valuation dates, established by the Board, but at least each twelve (12) months. Interest shall be determined by the Board in accordance with an established method which it may prescribe in its rules and regulations. The Interest shall be added to and become a part of the principal of the Trust Fund on such valuation date as established by the Board, but at least each twelve (12) months. Section 2. The principal value on any valuation date of each unit into which the fund is divided, as hereinbefore provided, shall be determined by dividing the then principal value of the fund by the number of units into which the fund is then divided. ARTICLE VI. AUDIT OF FUNDS At least once during each period of twelve (12) months, an audit shall be made of the JMEBS Investment Fund by independent certified public accountants responsible only to and appointed by the Board. The accountants appointed shall include in each audit a statement of the accounts of the Board, a list of investments, and other assets comprising the JMEBS Investment

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Fund as of the date of the audit, which shall mean the last day of the period covered, and shall show the valuation placed on each item in accordance with the valuation method adopted by the Board, as of the date of the audit, a statement of all Interest and disbursements since the last such audit, and appropriate comments as to any investment in default as to principal or interest. Promptly upon receipt by the Board of each audit, the Board shall send to each Employer a copy thereof. ARTICLE VIII. EXPENSES The Employer hereby agrees to pay, in addition to its Contributions, and the Board is authorized to charge the Employer, an administrative fee based upon a uniform schedule of expense charges adopted by the Board of Trustees and applicable to all Members. It is understood that such schedule may be amended from time to time by the Board, but the Board shall base such schedule on the total amount of administrative expenses necessary to administer the System, based on a realistic budget adopted and approved by the Board at periodic intervals. ARTICLE IX. INVESTMENT LIMIT Funds deposited by the Board with any one bank or trust company shall not exceed twenty-five percent (25%) of the combined capital and surplus of such bank or trust company. Such bank or trust company shall give bond or pledge sufficient federal or municipal securities to secure the deposit of the Board. ARTICLE X. DISBURSEMENTS FROM TRUST FUND Section 1. Upon receipt of a written application on a form designated for such purpose and signed by the Pension Committee Secretary, the Board shall issue checks for benefits calculated in accordance with the provisions of the Plan, or for the return of Employee Contributions, when applicable. Section 2. The Board shall not be liable for any action taken at the direction of the Employer, Pension Committee, or Pension Committee Secretary. If action by the Board can reasonably be taken only after receipt of direction from the Employer, Pension Committee, or Pension Committee Secretary, the Board may request

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in writing, direction from the Employer, Pension Committee, or Pension Committee Secretary, and the Board shall not be liable for failure to act pending the receipt of such direction. Section 3. The Board shall not be responsible for the failure of the Employer to perform any of its obligations under the Plan, including the duty to remit payments to the Board, to provide necessary records concerning Participating Employees and their Earnings to the Board, or failure to abide by any other procedures required by the rules and regulations of the Board. Section 4. The Board shall not be responsible to the Employer or to any Participating Employee for any obligations beyond the extent of the Trust Fund. The Board shall not incur any liability as a result of the voluntary or involuntary termination of the Plan by the Employer. ARTICLE XI. FAILURE TO MAKE CONTRIBUTIONS If the Employer does not make a Contribution within ninety (90) days of the due date of said Contribution, and if in the opinion of the Board such failure jeopardizes the accruing rights of participating Employees, the Board shall notify each participating Employee in writing at his last known place of residence of the delinquency. Under such conditions, the Board shall continue to manage the Trust Fund, until the Employer or the Board exercises its termination rights, so long as the assets attributable to the Employer are sufficient to cover the expenses of JMEBS and to meet the cost of retirement benefits as participants retire. When the Trust Fund is no longer adequate to meet these obligations, the Plan shall automatically terminate in accordance with Article XIV of the Plan. When the total amount of the Trust Fund subject to withdrawal has been paid in accordance herewith, this trust shall terminate and the Board shall have no further responsibility hereunder. ARTICLE XII. WITHDRAWAL AND TRANSFER OF TOTAL TRUST FUND The Employer may direct the Board to transfer the amount of the Trust Fund subject to withdrawal to a successor trustee or trustees. From the date of receipt of such request, the Board

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shall, within a period not to exceed six (6) months, return at least one-twelfth (1/12) of the amount subject to withdrawal, and shall continue to return one-twelfth (1/12) of such transferable amount on the first day of each month thereafter until the total amount subject to withdrawal is transferred. When the total amount of the Trust Fund subject to withdrawal has been paid in accordance with this Article, this trust shall terminate and the Board shall have no further responsibility hereunder. Such transfer shall constitute an amendment and termination of the Plan and as such shall be subject to the provisions of Article XIV of said Plan. IN WITNESS WHEREOF, the City has caused its Seal and the Signatures of its duly authorized officers to be affixed this 2 day of November, 1987. Attest: /s/ Evelyne K. Reeves City Clerk (SEAL) City of East Point, Georgia /s/ W.A. Ponder Mayor Approved as to Form and Substance /s/ James A. Eidson City Attorney IN WITNESS WHEREOF, the Board of Trustees of the Joint Municipal Employees Benefit System has caused its Seal and the Signatures of its duly authorized officers to be affixed this 23rd day of November, 1987. Attest: Board of Trustees Joint Municipal Employees Benefit System /s/ James V. Burgess, Jr. Secretary (SEAL) /s/ H.M. Stripling Chairman

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January 15, 1988 TO WHOM IT MAY CONCERN: I, Evelyne K. Reeves, City Clerk of the City of East Point, Georgia do hereby certify that I am the keeper of the seal, minutes and records of said city: I do hereby certify that on October 19, 1987 the first public hearing was held on the proposed Home Rule Ordinance making certain amendments and changes in the East Point Employees Pension Plan. The final public hearing on this Home Rule Ordinance was held on November 2, 1987, and it was adopted by the East Point Mayor and Council. IN WITNESS WHEREOF I have hereunto affixed my official signature and caused the seal of the City of East Point, Georgia to be affixed this the 15 day of January, 1988. /s/ Evelyne K. Reeves, City Clerk PUBLISHER'S CERTIFICATE STATE OF GEORGIA COUNTY OF FULTON Personally appeared before the undersigned, a notary public within and for said county and State, GERALD W. CRANE, publisher of the SOUTHSIDE SUN a newspaper published at East Point, county of Fulton, State of Georgia, who, being duly sworn, states on oath that the report of CITY OF EAST POINT, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 8th day of October, 1987 /s/ Gerald W. Crane, Publisher (by) /s/ Pat L. Hinkle, 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 30th day of December,

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1987. /s/ David H. Hamrick Notary Public. My commission expires March, 1991 (SEAL) PUBLISHER'S CERTIFICATE STATE OF GEORGIA COUNTY OF FULTON Personally appeared before the undersigned, a notary public within and for said county and State, GERALD W. CRANE, publisher of the SOUTHSIDE SUN a newspaper published at East Point, county of Fulton, State of Georgia, who, being duly sworn, states on oath that the report of CITY OF EAST POINT, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 15th day of October, 1987 /s/ Gerald W. Crane, Publisher (by) /s/ Pat L. Hinkle, 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 30th day of December, 1987. /s/ David H. Hamrick Notary Public. My commission expires March, 1991 (SEAL) AN ORDINANCE An Ordinance to amend an Ordinance adopted pursuant to the Municipal Home Rule Act of 1965 (Georgia Laws 1965, p.

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298, et seq.) amending the Municipal Charter of the City of East Point, Georgia, approved August 19, 1912 (Georgia Laws 1912, p. 862, et seq.) and the several amendatory acts thereof, so as to provide for earlier normal retirement for participants who are police officers and fire fighters in lieu of receiving credit for unused accrued sick and vacation leave; to provide for the inclusion of elected and appointed members of the governing authority as eligible participants; to amend the death benefit provision for participants who die prior to retirement; to amend the definition of normal retirement for all participants; to remove all mandatory retirement age restrictions; to change the definition of actuarial equivalent; to add the actuarial equivalent conversion tables; to clarify the provisions pertaining to portability; to change certain actuarial interest assumptions; 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 East Point, Georgia, and it is hereby ordained by the authority thereof: Section 2. Each police officer and fire fighter participating in this Plan on the effective date of this amendment, other than a Class 1 participant as defined in Article III, Section 2 of the Plan, shall have the option to participate in the Plan as a Class 2 Participant or as a Class 4 Participant as defined in Article III, Section 2 of the Plan. Such police officers and fire fighters shall deliver to the Pension Committee Secretary, on a prescribed form, within sixty (60) days after the effective date of this amendment, written notice of his election whether to participate in the Plan as a Class 2 Participant, or as a Class 4 Participant. Such election shall be irrevocable. Section 3. Each elected or appointed member of the governing authority who is on the effective date of this amendment serving as an elected or appointed member of the governing authority, shall have the option to receive credit for service prior to the effective date of this amendment. Such elected or appointed members of the governing authority shall remit contributions required by Article II, Section 13 of the Plan to receive credit for such service. Within sixty (60) days after the effective date of this amendment, each elected or appointed member of the governing

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authority shall deliver to the Pensio Committee Secretary written notice of his election to receive credit for his service prior to the effective date of this amendment. Such election shall be irrevocable, shall be made on a form prescribed for such purpose by the Pensio Committee, and shall be accompanied by full payment for such services. Section 4. The rights and obligation under the Plan with respect to persons whose employment with the City of Library was terminated for any reason whatsoever prior to the effective date of this amendment are fixed and shall be governed by such Plan as it existed and was in effect at the time of such termination. Section 6. All ordinances and parts of ordinances in conflict herewith are hereby expressly repealed. /s/ Evelyne K. Reeves City Clerk 7046,10/1-10/15 PUBLISHER'S AFFIDAVIT STATE OF GEORGIA, County of Fulton. Before me, the undersigned, a Notary Public, this day personally came Frances K. Beck , who, being first duly sworn, according to law, says that she is the President of the Daily Report Company , publishers of the Fulton County Daily Report , official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 1, 8, 15 days of OCTOBER, 1987, and on the _ days of _, 19_ As provided by law. /s/ Frances K. Beck LEGAL ADVERTISEMENT The City of East Point City Council will consider an ordinance to amend an ordinance adopted pursuant to the Municipal Home Rule Act of 1965 (Georgia Laws 1965, p. 298, et seq.)

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amending the Municipal Charter of the City of East Point, Georgia approved August 19, 1912 (Georgia Laws 1912, p. 862 et seq) with first hearing on October 19, 1987, at 7:30 p.m. in the Council Chamber, City Auditorium, East Point, Georgia and with final hearing on November 2, 1987 at 7:30 p.m. Council Chamber, City Auditorium, East Point, Georgia. Copy of proposed ordinance on file in the City Clerk's Office, City Hall. AN ORDINANCE An Ordinance to amend an Ordinance adopted pursuant to the Municipal Home Rule Act of 1965 (Georgia Laws 1965, p. 298, et seq.) amending the Municipal Charter of the City of East Point, Georgia, approved August 19, 1912 (Georgia Laws 1912, p. 862, et seq.) and the several amendatory acts thereof, so as to provide for earlier normal retirement for participants who are police officers and fire fighters in lieu of receiving credit for unused accrued sick and vacation leave; to provide for the inclusion of elected and appointed members of the governing authority as eligible participants; to amend the death benefit provision for participants who die prior to retirement; to amend the definition of normal retirement for all participants; to remove all mandatory retirement age restrictions; to change the definition of actuarial equivalent; to add the actuarial equivalent conversion tables; to clarify the provisions pertaining to portability; to change certain actuarial interest assumptions; 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 East Point, Georgia, and it is hereby ordained by the authority thereof. Section 2. Each police officer and fire fighter participating in this Plan on the effective date of this amendment, other than a Class 1 participant as defined in Article III, Section 2 of the Plan, shall have the option to participate in the Plan as a Class 2 Participant or as a Class 4 Participant as defined in Article III, Section 2 of the Plan. Such police officers and fire fighters shall deliver to the Pension Committee Secretary, on a prescribed form, within sixty (60) days after the effective date of this amendment, written notice of his election whether to participate

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in the Plan as a Class 2 Participant, or as a Class 4 Participant. Such election shall be irrevocable. Section 3. Each elected or appointed member of the governing authority who is on the effective date of this amendment serving as an elected or appointed member of the governing authority, shall have the option to receive credit for service prior to the effective date of this amendment. Such elected or appointed members of the governing authority shall remit contributions required by Article II, Section 13 of the Plant to receive credit for such service. Within sixty (60) days after the effective date of this amendment, each elected or appointed member of the governing authority shall deliver to the Pension Committee Secretary written notice of his election to receive credit for his service prior to the effective date of this amendment. Such election shall be irrevocable, shall be made on a form prescribed for such purpose by the Pension Committee, and shall be accompanied by full payment for such service. Section 4. The rights and obligations under the Plan with respect to persons whose employment with the City or Library was terminated for any reason whatsoever prior to the effective date of this amendment are fixed and shall be governed by such plan as it existed and was in effect at the time of such termination. Section 5. The effective date of this Ordinance shall be 19. Section 6. All ordinances and parts of ordinances in conflict herewith are hereby expressly repealed. Oct 1 8 15 1987 req-7 Filed in the Office of the Secretary of State January 19, 1988.

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CITY OF FORT VALLEY CITY ADMINISTRATOR. MAYOR AND CITY COUNCIL REGULAR MEETING NOVEMBER 19, 1987 The regular monthly meeting of the Mayor and City Council of the City of Fort Valley was held on Thursday, November 19, 1987, 7:30 PM at City Hall. Mayor C.W. Peterson presided. Councilmen in attendance were: Mr. Bobby Hester, Mr. Ernest R. Anderson, Mr. George Hamilton, Mr. Jack Hamilton, Mr. N. W. Jordan and Mr. Wilbur Spillers. City Attorney, Mr. Charles R. Adams, Jr. was also present. The meeting was called to order by Mayor Peterson and the invocation was given by Mr. Charles R. Adams, Jr. Motioned by Mr. Hester, seconded by Mr. Jordan that the minutes of the regular meeting of October 15, 1987 and of the called meeting of November 10, 1987 be approved as written. Motion passed unanimously. Motioned by Mr. Anderson, seconded by Mr. Jack Hamilton that the following Proposed Charter Amendment be adopted: PROPOSED CHARTER AMENDMENT An Ordinance to amend an Act creating a new charter for the City of Fort Valley, approved August 22, 1907 (Ga. L. 1907, p. 651), as amended, so as to provide for a City Administration for said City; to provide for the manner of his appointment and removal; to provide for his compensation; to provide for powers and duties; to provide for all matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the Mayor and Alderman of the City of Fort Valley. Section 1. An act creating a new charter for the City of Fort

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Valley, approved August 22, 1907 (Ga. L. 1907, p. 651), as amended, is hereby amended by striking in its entirety section 19 thereof and inserting in lieu thereof a new section 19 to read as follows: Section 19. The Mayor and Council of the City of Fort Valley shall select and appoint a City Administrator for the City of Fort Valley within a reasonable time after the effective date of this ordinance. (a) The City Administrator shall receive such compensation as may be prescribed by the Mayor and Council. The City Administrator must devote all of his working time and attention to the Council for the efficient administration of all of the affairs of the City over which he has jurisdiction. (b) The City Administrator shall be the Chief Executive Officer and the head of the administrative branch of the City government. The City Administrator shall be chosen by the Mayor and Council solely on the basis of his executive and administrative qualifications with special reference to his actual experience in, or his knowledge of, accepted practice in respect to the duties of his office as hereinafter outlined. At the time of his appointment he need not be a resident of the City, or State. No person elected to the office of Alderman shall, subsequent to such election, be eligible for appointment as City Administrator until one year has elapsed following the expiration of the term for which he was elected. (c) The City Administrator shall be appointed for an indefinite term but may be removed by a majority vote of the Mayor and Council. At least thirty (30) days before such removal shall become effective, the Mayor and Council shall, by a majority vote, adopt a preliminary resolution stating the reasons for removal. The City Administrator may, within ten (10) days, reply in writing and may request a public hearing, which shall be held not earlier than twenty (20) days and not later than thirty (30) days after the filing of such request. After such public hearing, if one be requested, and after full consideration, the Mayor and Council may terminate his duties, but shall, in any case, cause to be paid to him, forthwith, any unpaid balance of his salary for the next two (2) calendar

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months following adoption of the preliminary resolution. (d) The Mayor and Council may designate a person or persons to perform the functions and duties of the City Administrator during this absence, disability of suspension. Vacancies in the office of City Administrator shall be filled by the Mayor and Council as early as practicable, and, until such vacancy is filled, the Mayor and Council shall have full powers to make a temporary appointment or to perform the functions and duties of his office. (e) The City Administrator shall have the following powers and duties: 1. To supervise the administration of the affairs of the City and to see that the ordinances, resolutions, and regulations of the Mayor and Council and the laws of the State are faithfully executed and enforced. 2. To perform all duties of the office of Clerk and Treasurer as provided in the city charter. 3. To recommend to the Mayor and Council for employment all employees of the City except of the Judge of the Recorder's Court and the City Attorney, and the Mayor and Council shall not employ anyone not so recommended. 4. To fix the salaries and compensation of all employees of the City except the Judge of the Recorder's Court and the City Attorney, provided that no proposed raise in salary or compensation of any such employee shall become effective until it shall have been reported to the Mayor and Council at a regular meeting, and such proposed raise may be denied by a majority vote of the Mayor and Council. 5. To terminate the employment of any municipal employee except the Judge of Recorder's Court and the City Attorney, subject to the right of such employee to appeal to the Mayor and Council in the manner provided in the City Personnel Policy.

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6. To exercise supervision and control of all departments and all divisions created in this charter, or that may hereafter be created by the Mayor and Council, except as otherwise provided in this Ordinance. 7. To attend all meetings of the Mayor and Council with a right to take part in the discussions, but having no vote. The City Administrator shall be entitled to notice of all called meetings. 8. To supervise the performance of all contracts made by any person for work done for the City of Fort Valley, and to the purchasing agent of materials and supplies for the City under such rules and regulations as may be imposed by the Mayor and Council. 9. To act as budget officer and submit to the Mayor and Council at the beginning of each fiscal year, a budget of all proposed expenditures including capital expenditures for the ensuing year, showing, in as much detail as practicable, the reasons for such estimated expenditures. 10. To keep the Mayor and Council fully advised, at all times, as to the financial condition and needs of the city. 11. To make a full written report to the Mayor and Council each month showing the operations and expenditures of each department of the city government for the preceding month. 12. To make such other reports as the Mayor and Council may require concerning the operations of city departments, offices and agencies subject to his direction and supervision. 13. To perform such other duties as may be prescribed by this Ordinance, or by any other ordinance of resolution of the Mayor and Council. (f) The City Administrator, before entering upon the discharge of his duties, shall execute a bond with solvent

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sureties doing business in Peach County in an amount to be approved by the Mayor and Council, but not less than $25,000.00, payable to the City of Fort Valley, conditioned for the faithful performance, misappropriations, or unlawful expenditures. The premium on said surety bond shall be paid for by the City. Section 2. This ordinance shall become effective January 1, 1988. Section 3. All laws, and ordinances and parts of laws, and ordinances in conflict with this Ordinance are hereby repealed. Motion passed unanimously. This proposed Charter Amendment will be advertised in the Leader Tribune on December 2, 9, and 16, 1987 and will be voted on again on December 17, 1987 (second adoption) by the City Council before it becomes legally passed. /s/ C. W. Peterson /s/ George Hamilton Wilbur Spillers /s/ Jack Hamilton N. W. Jordan /s/ Bobby Hester /s/ Ernest Anderson /s/ Marilyn S. Hester Notary Public Notary Public, Peach County, Georgia My Commission Expires Dec. 1, 1990 MAYOR AND CITY COUNCIL REGULAR MEETING December 17, 1987 The regular monthly meeting of the Mayor and City Council of the City of Fort Valley was held on Thursday, December 17, 1987, 7:30 P.M. at City Hall. Mayor C. W. Peterson presided.

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Councilmen in attendance were: Mr. Bobby Hester, Mr. Ernest R. Anderson, Mr. Jack Hamilton, Mr. N. W. Jordan and Mr. Wilbur Spillers. City Attorney, Mr. Charles R. Adams, Jr. was also present. Councilman George Hamilton was absent. The meeting was called to order by Mayor Peterson and the invocation was given by Mr. Charles R. Adams, Jr. Motioned by Mr. Anderson, seconded by Mr. Hester that the minutes of the regular meeting of November 19, 1987 and of the called meeting of December 2, 1987 be approved as written. Motion passed unanimously. Motioned by Mr. Anderson, seconded by Mr. Spillers that the Proposed Charter Amendment providing for a City Administrator as adopted in the regular meeting of November 19, 1987 be adopted for the second time. Motion passed unanimously. /s/ C. W. Peterson /s/ Jack Hamilton /s/ Wilbur Spillers /s/ Bobby Hester /s/ N. W. Jordan /s/ Ernest Anderson /s/ Marilyn S. Hester Notary Public Notary Public, Peach County, Georgia My Commission Expires Dec. 1, 1990 Peach Publishing Company, Inc. Publishers of: The Leader-Tribune The Peachland Shopper AFFIDAVIT FOR LEGAL ADVERTISING GEORGIA, PEACH COUNTY The undersigned hereby states under oath that the notices attached

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to this sheet were published once a week for 3 weeks in The Leader-Tribune, the official legal organ of Peach County, Georgia on Dec. 2, 9 16, 1987 NOTICE OF PROPOSED AMENDMENT TO CHARTER OF THE CITY OF FORT VALLEY Pursuant to provisions of the Municipal Home Rule Act of 1965 as amended, a proposal to amend the charter of the City of Fort Valley approved August 22, 1907 (Ga. L. 1907, p. 651) as amended so as to abolish the office City Clerk and Treasurer and to provide for a City Administrator for said city; to provide for the manner of his appointment and removal; to provide for his compensation; to provide for his powers and duties; and to provide for all matters relative to the foregoing, all to become effective on January 1, 1988, will be voted upon for final adoption at the regular meeting of the Mayor and Council to be held at City Hall at 7:30 p.m. on Thursday, December 17, 1987. A copy of the proposed amendment is on the file in the Office of the City Clerk and Treasurer in City Hall and in the Office of the Superior Court Clerk in the Peach County Courthouse, for the purpose of examination and inspection by the public. This 30th day of November, 1987. C.W. Peterson, Mayor City of Fort Valley 12-6 12/2,9, 16 Witness my signature this 12th day of January, 1988. /s/ Hallie K. Rigdon Legal Advertising Department Hallie K. Rigdon, Office Mgr. Sworn to and subscribed before me this 12th day of January, 1988. /s/ Marilyn S. Hester
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Notary Public GA State At Large Notary Public, Peach County, Georgia My Commission Expires Dec. 1, 1980 Filed in the Office of the Secretary of State January 21, 1988. CITY OF UNION CITY ORDINANCES; INTRODUCTION. NO. 8736 ORDINANCE AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF UNION CITY; GEORGIA LAWS 1982, PAGES 4676, 4696, SECTION 2-404(b); TO PROVIDE FOR THE MANNER AND PROCEDURE FOR INTRODUCTION OF ORDINANCES; TO PROMOTE THE PUBLIC HEALTH, SAFETY, AND WELFARE; AND FOR OTHER PURPOSES. STATE OF GEORGIA CITY OF UNION CITY BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF UNION CITY AND IT IS HEREBY ENACTED PURSUANT TO THE AUTHORITY OF THE SAME THAT GEORGIA LAWS 1982, PAGES 4676, 4696, SECTION 2-404(b), BE AMENDED AS FOLLOWS: By striking from Georgia Laws 1982, pages 4676, 4696, Section 2-404(b) the words provided that no ordinance shall be adopted on the date of its introduction, except upon unanimous vote of the council to waive any further readings. The revision of all ordinances, motions, orders, or resolutions may be passed by the Mayor and Council on the date of introduction unless such date coincides with the date of introduction of the original ordinance, motion, order, or resolution., so that Georgia Laws, pages 4676, 4696, Section 2-404(b), shall read as follows:

Page 5204

Section 2-404(b) The manner and procedure for introduction of ordinances shall be determined by the rules of the Mayor and Council. All ordinances, motions, orders, or resolutions may be passed by the Mayor and Council on the date of introduction, except where provided by General Law. ENACTED this 17th day of November, 1987. MAYOR AND COUNCIL OF THE CITY OF UNION CITY By: /s/ FRED T. ETRIS, Mayor Attest: /s/ SONYA G. CARTER, City Administrator/City Clerk I, Sonya G. Carter do hereby certify that this is a true and exact copy of Ordinance 87-36 adopted by the Union City Council on November 17, 1987 in a public hearing of the regular council meeting on said date. /s/ Sonya G. Carter, City Adm. January 4, 1988 Secretary of State 330 Capitol Avenue Administrative Division Atlanta, Georgia 30334 Dear Sir: I, Sonya G. Carter, hereby certify that on November 3 and 17, 1987 in regular council meetings of the City of Union City the Mayor and Council took official action to adopt the enclosed ordinance. Notice of the public hearings were advertised in three issues of the Fulton County Daily Report. (Copy of advertisement enclosed).

Page 5205

/s/ Sonya G. Carter City Administrator PUBLISHER'S AFFIDAVIT STATE OF GEORGIA, County of Fulton. Before me, the undersigned, a Notary Public, this day personally came Earl Higgins, who, being first 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 16th, 23rd, 30th days of October, 1987, and on the days of , 19 As provided by law. /s/ Earl Higgins Subscribed and sworn to before me this 15th day of December 1987. /s/ Sarah A. Boddie Notary Public Douglas County, Georgia My Commission Expires April 2, 1991 NOTICE TO THE PUBLIC Please take notice tha an ordinance has been introduced for the Mayor and Countil of the City of Union City, to amend the City Charter of the City of Union City, Georgia Laws 1982, pages 4676, 4696, Section 2-404(b), to provide for the manner and procedure for introduction of ordinances before the Mayor and Council of the City of Union City. A copy of this Ordinance is on file with the City Clerk of the City of Union City and the Clerk of the Superior Court of Fulton County for public view. This 13th day of October, 1987. SONYA G. CARTER

Page 5206

City of Administrator/ City Clerk Oct. 16 23 30 1987-2 Filed in the Office of the Secretary of State March 16, 1988. CITY OF COVINGTON MAYOR AND COUNCIL; GROUP INSURANCE. TO BE ENTITLED AN ORDINANCE AN ORDINANCE OF THE CITY OF CONVINGTON, GEORGIA, TO AMEND THE CHARTER OF THE CITY OF CONVINGTON, GEORGIA, AS ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA BY ACT APPROVED JANUARY 30, 1962 (GEORGIA LAWS 1962, PAGE 2003) AS AMENDED, PURSUANT TO THE MUNICIPAL HOME RULE ACT OF 1965 (GEORGIA LAWS 1965, PAGE 298, CHAPTER 35 OF TITLE 36, OFFICIAL CODE OF GEORGIA ANNOTATED) AS AMENDED, BY AMENDING CHARTER SECTION 77 ENTITLED GROUP INSURANCE FOR CITY OFFICERS AND EMPLOYEES, AUTHORIZED; DEDUCTIONS, ETC., TO ELIMINATE THE EXCLUSION OF THE MAYOR AND COUNCIL MEMBERS OF THE CITY OF COVINGTON FROM PARTICIPATION IN GROUP INSURANCE PROGRAMS OFFERED TO OTHER CITY EMPLOYEES AND OFFICERS; TO PROVIDE FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. BE IT ORDAINED by the Mayor and Council of the City of Covington, Georgia, in Council duly assembled and it is hereby ordained by the authority of same and pursuant to the provisions of the Municipal Home Rule Act of 1965 (Georgia Laws 1965, page 298) as amended, Chapter 35 of Title 36, Official Code of Georgia Annotated, that the Charter of the City of Covington, Georgia (Georgia Laws 1962, page 2003, et seq.) as amended, be further amended to eliminate the exclusion of the

Page 5207

Mayor and Council members from participating in group insurance programs for City officers and employees provided in Section 77 of the City Charter by amending the first sentence of the first paragraph of Charter Section 77 to delete the phrase excluding the Mayor and Council themselves, so that after amendment, the first paragraph of Charter Section 77 shall read as follows: The Mayor and Council of said City are hereby authorized and empowered to make deductions periodically from the wages and salaries of its employees and officers with which to pay the premium for life, health, accident, hospitalization or annuity of such officers or employees, upon a group insurance plan, and to that end to enter into agreements with insurance companies whereby the kind of group insurance desired by the employees may be furnished to them and the premiums therefor remitted periodically by said City. This ordinance shall become effective upon complete compliance with Sec. 36-35-5, Official Code of Georgia Annotated, and the other provisions of the Municipal Home Rule Act of 1965 (Georgia Laws 1965, page 298); however in no event shall this ordinance become effective prior to March 1, 1988. First offered and adopted on the 1st day of February, 1988, and again adopted on the 15th day of February, 1988, the next regularly scheduled meeting of the Mayor and Council of the City of Covington succeeding its regularly scheduled meeting of February 1, 1988, and after all notices required by Georgia law and pursuant to prior notices as may be required by Georgia law. THE CITY OF COVINGTON By /s/ W. L. DOBBS, Mayor (City Seal) Attest: /s/ (MRS.) BETTY L. SCHELL City Clerk STATE OF GEORGIA CITY OF COVINGTON

Page 5208

COUNTY OF NEWTON I, BETTY L. SCHELL, do certify that I am Clerk of the City of Covington, Georgia, and that the within and foregoing matter constitutes a true and correct copy of an ordinance of the City of Covington, Georgia, enacted and adopted at the regularly scheduled meetings of the Mayor and Council of the City of Covington, Georgia, on February 1, 1988, and again on February 15, 1988, the next regularly scheduled meeting of the Mayor and Council of the City of Covington succeeding its regularly scheduled meeting on February 1, 1988, and that the original thereof appears in the permanent records of the City of Covington, Georgia. This 16 day of February, 1988. /s/ (MRS.) BETTY L. SCHELL (City Seal) City Clerk City of Covington, Georgia STATE OF GEORGIA COUNTY OF NEWTON PUBLISHER'S AFFIDAVIT Personally appeared before the undersigned officer, DENNY HILL, who says on oath that he is Editor of The Covington News, a newspaper which has a general circulation in the municipality of Covington, Georgia, and is the official organ of Newton County, Georgia, the county in which the City of Covington is located, and that a legal notice, copy of which is attached hereto as Exhibit A and made a part hereof by reference, appeared as a legal advertisement in the January 21, January 28, and February 4, 1988, editions of The Covington News. /s/ DENNY HILL Sworn to and subscribed before me, this 11

Page 5209

day of February, 1988. /s/ Elizabeth W. Carter Notary Public (Notary Seal) Notary Public, Newton County, Georgia My Commission Expires April 22, 1991 EXHIBIT A NOTICE OF INTENT TO ADOPT AN AMENDMENT TO THE CHARTER OF THE CITY OF CONVINGTON PURSUANT TO THE MUNICIPAL HOME RULE ACT OF 1965 (CHAPTER 35 OF TITLE 36, OFFICIAL CODE OF GEORGIA ANNOTATED) The Council of the City of Covington, Georgia, intends to adopt an amendment to Section 77 of the Charter of the City of Covington, Georgia, as enacted by the General Assembly of the State of Georgia by an Act approved January 30, 1962 (Georgia Laws 1962, page 2003), as amended, pursuant to the Municipal Home Rule Act of 1965 (Georgia Laws 1965, page 298) as amended. The proposed amendment will amend Charter Section 77 for the purpose of deleting the exclusion of the Mayor and Council members from participation in group insurance programs afforded other City employees and officers. A copy of the proposed amendment is on file with the City Clerk, Mrs. Betty L. Schell, at City Hall, Conyers Street, Covington, Georgia, and in the Office of the Clerk of Superior Court of Newton County, Newton County Courthouse, Covington, Georgia, for the purpose of examination and inspection by the public. The City Clerk shall furnish anyone, upon request, a copy of the proposed amendment. THE CITY OF COVINGTON (Mrs.) Betty L. Schell City Clerk Filed in the Office of the Secretary of State March 16, 1988.

Page 5210

CITY OF YOUNG HARRIS MAYOR AND COUNCIL; COMPENSATION; EXPENSES. AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF YOUNG HARRIS, WHICH WAS ESTABLISHED BY AN ACT APPROVED MARCH 24, 1978, ENTITLED AN ACT TO GRANT A NEW CHARTER TO THE CITY OF YOUNG HARRIS (GEORGIA LAWS 1978, p 4470 et seq), BY STRIKING IN ITS ENTIRETY SECTION 2.04 OF THE CHARTER, CAPTIONED COMPENSATION AND EXPENSES, AND SUBSTITUTING THEREFOR AN ENTIRELY NEW SECTION 2.04, COMPENSATION AND EXPENSES, SO AS TO PROVIDE THE SALARY AND EXPENSES TO BE RECEIVED BY THE MAYOR OF THE CITY AND THE MEMBERS OF THE CITY COUNCIL; TO PROVIDE THE EFFECTIVE DATE OF THIS ORDINANCE; TO REPEAL ALL ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES. STATE OF GEORGIA COUNTY OF TOWNS THE COUNCIL OF THE CITY OF YOUNG HARRIS HEREBY ORDAINS: SECTION ONE Be it ORDAINED by the Council of the City of Young Harris, and it is hereby ordained by authority of the same that the Charter of the City of Young Harris, which was established by an Act approved March 24, 1978, entitled An Act to Create a New Charter to the City of Young Harris, (Georgia Laws 1978, p 4470 et seq), is hereby amended by striking in its entirety Section 2.04 of the Charter, captioned Compensation and Expenses and substituting therefor an entirely new Section 2.04 of the Charter, captioned Compensation and Expenses such new Section 2.04 to read as follows: Section 2.04: Compensation and Expenses . The Mayor

Page 5211

shall receive as compensation for the Mayor's services the sum of $50.00 per month. Each member of the City Council shall receive as compensation for their services the sum of $10.00 per month. The Mayor and Council shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office. SECTION TWO Be it FURTHER ORDAINED that the provisions of this Ordinance fixing the compensation of the Mayor and members of the City Council shall become effective on and after January 1, 1989. SECTION THREE Be it FURTHER ORDAINED that all proteins of the Charter or Amendments thereto or all Ordinances in conflict herewith be and the same are hereby repealed. SECTION FOUR Be it FURTHER ORDAINED that if any part of this Ordinance be declared void it is the intent and purpose hereof that all other provisions not so declared void shall remain in full force and effect. SECTION FIVE Be it FURTHER ORDAINED that a notice, a copy of which is attached hereto, be made a part hereof, which notice embodies among other things the substance of this Ordinance with the certificate of the publisher and general manager of that publication known as the Towns County Herald , the official legal organ of Towns County, in which the City of Young Harris is located, said certificate showing that the above and foregoing notice was published once a week for three (3) consecutive weeks immediately preceding the week of the day of the final adoption of this Ordinance. This Ordinance was introduced and read at lawful meeting of the City Council of the City of Young Harris held January 5,

Page 5212

1988, and read the second time, passed and adopted in like meeting held on the 2 day of February, 1988. SECTION SIX This Ordinance is effective as of the date of the second reading and final passage thereof. CITY OF YOUNG HARRIS, GEORGIA BY: /s/ Thomas W. Nolan Mayor ATTEST: /s/ Susan C. Shook City Clerk NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF YOUNG HARRIS 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 YOUNG HARRIS Notice is hereby given that an Ordinance will be introduced and read for final adoption on Tuesday, February 2, 1988, to amend the Charter of the City of Young Harris by Ordinance pursuant to the provisions of that Act of the General Assembly of Georgia known as The Municipal Home Rule Act of 1965, to provide the salary and expenses to be received by the Mayor and Members of the City Council. A copy of this proposed Amendment to the Charter of the City of Young Harris in on file in the office of the Clerk of the City of Young Harris, and is on file in the office of the Clerk of the Superior Court of Towns County, Georgia, for the purpose of examination and inspection by the public, all as required by law. This 6th day of January, 1988. Susan Shook, Clerk City of Young Harris, Georgia (01/13,2027)

Page 5213

GEORGIA, TOWNS COUNTY I, Susan C. Shook, do hereby certify that I am Clerk of the City of Young Harris, and as such certify that the foregoing is a true and correct copy of an ordinance unanimously adopted at a regular meeting of the City Council held on the 2nd day of February, 1988 as the same appears in the records of the Mayor and Council of the City of Young Harris, Georgia. Witness my hand and seal of office, this 5th day of February, 1988. /s/ Susan C. Shook, Clerk City of Young Harris, Georgia (SEAL) GEORGIA, TOWNS COUNTY Personally appeared before the undersigned attesting officer, SUSAN SHOOK, Clerk for the City of Young Harris, Georgia, who, on oath, says that a copy of the foregoing Ordinance proposing to amend the Charter of the City of Young Harris was filed in her office on the 6th day of January, 1988, for the purpose of examination and inspection by the public. Further deposing, I say, under oath, that I am custodian of all records and the keeper of the Minutes of the City Council for the City of Young Harris, Georgia and that the foregoing Ordinance is a true and exact copy of that Ordinance which was finally adopted by the City of Young Harris in a regular meeting of the City Council, open to the general public, held on the 2nd day of February, 1988, the original of which is in my possession and appears as a part of the Official minutes of that meeting. /s/ Susan Shook, City Clerk Sworn to and subscribed before me this 3rd

Page 5214

day of February, 1988. /s/ Lynn Gordon Notary Public Notary Public, Towns County, Georgia My Commission Expires Feb. 25, 1990 GEORGIA, TOWNS COUNTY Personally appeared before the undersigned attesting officer, CECIL DYE, Clerk of the Superior Court of Towns County, Georgia, being the legal situs of the City of Young Harris, Georgia, who on oath says that a copy of the foregoing Ordinance proposing to amend the Charter of the City of Young Harris was filed in his office on the 6th day of January, 1988 for the purpose of examination and inspection by the public. Further deposing, I say, under oath, that a copy of the foregoing Ordinance amending the Charter of the City of Young Harris, properly certified to by the Clerk of the City of Young Harris, with a copy of the required Notice of Publication attached thereto, and an affidavit of a duly authorized representative of the newspaper in which such notice was published, to the effect that said notice was published as provided by law, was filed in this office on the 3rd day of February, 1988. /s/ Cecil Dye Cecil Dye, Clerk Towns Superior Court Sworn to and subscribed before me this 3rd day of February, 1988. /s/ Lynn Gordon Notary Public Notary Public, Towns County, Georgia My Commission Expires Feb. 25, 1990

Page 5215

GEORGIA, TOWNS COUNTY Personally appeared before the undersigned attesting officer, KENNETH WEST, who, on oath, deposes and says that he is the publisher and general manager of that publication known as the Towns County Herald , and that the Towns County Herald published on Wednesday of each week in the newspaper in which Sheriff's advertisements for Towns County are published. Further deposing he says that he is the publisher and general manager of that publication, he is the person duly vested with the authority to sign for that publication in all such matters and things as contained in this affidavit, and further says that the foregoing and attached notice of intention to amend the Charter of the City of Young Harris was published in the Towns County Herald on the 13th, 20th and 27th day of January, 1988. This 28th day of January, 1988. /s/ Kenneth West Sworn to and subscribed before me this 29th day of January, 1988. /s/ Susan C. Shook Notary Public Notary Public, Towns County, Georgia My Commission Expires May 19, 1991 Legal Ad Notice of intention to amend charter of the City Of Young Harris 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 YOUNG HARRIS Notice is hereby given that an Ordinance will be introduced

Page 5216

and read for final adoption on Tuesday, February 2, 1988, to amend the Charter of the City of Young Harris by Ordinance pursuant to the provisions of that Act of the General Assembly of Georgia known as The Municipal Home Rule Act of 1965, to provide the salary and expenses to be received by the Mayor and Members of the City Council. A copy of this proposed Amendment to the Charter of the City of Young Harris is on file in the office of the Clerk of the City of Young Harris, and is on file in the office of the Clerk of the Superior Court of Towns County, Georgia, for the purpose of examination, and inspection by the public, all as required by law. This 6th day of January, 1988. Susan Shook, Clerk City of Young Harris, Georgia (Jan. 15,22,29B) Filed in the Office of the Secretary of State March 17, 1988. CITY OF JONESBORO COUNCIL MEETINGS. ORDINANCE NO. 88-1 AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF JONESBORO, AS ENACTED BY GA. L. 1919, p. 1067, AS AMENDED, TO PROVIDE FOR REGULAR MEETINGS OF COUNCIL. THE MAYOR AND COUNCIL OF THE CITY OF JONESBORO HEREBY ORDAINS: Section 1. Pursuant to its home rule authority granted by O.C.G.A., Title 36, Chapter 35, the charter of the City of Jonesboro is hereby amended by deleting Section 7 of said Charter in its entirety and inserting a new Section 7 in lieu thereof to read as follows:

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Section 7. Meetings of Council; Quorum. The Mayor, or in his absence, the Mayor Pro Tempore, shall preside at all Council meetings. The presiding officer and three Councilmen shall constitute a quorum of the Council for the transaction of any business before the City Council at any meeting, and a majority of the votes of those present shall be necessary to determine all questions and elections before the City Council. Said City Council shall hold a regular meeting once in every month, or as otherwise provided by Ordinance, at a stated time and a stated place within the city and may hold such special meetings as may be ordered by the Mayor, or in his absence or illness, by the Mayor Pro Tem, or when requested by three members of the Council. All meetings of the City Council shall be public and the public shall be allowed at all times to witness their deliberations, except when the Council resolves itself into Executive Session as permitted by State Law, at which time the public shall be excluded. Section 2. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. This 22 day of February, 1988. /s/ WILBUR WHALEY, MAYOR ATTEST: KATHERINE SMITH, CITY CLERK I, Katherine Smith hereby certify that this is a true and exact copy of the ordinance that was adopted by the Jonesboro City Council February 22, 1988. /s/ Katherine Smith City Clerk 3-4-88 SEAL

Page 5218

CERTIFICATION I, KATHERINE SMITH, CLERK FOR THE CITY OF JONESBORO, GEORGIA, DO HEREBY CERTIFY THAT ORDINANCE 88-1, A HOME RULE AMENDMENT TO THE CITY CHARTER TO PROVIDE FOR A QUORUM, VOTING AND ONE REGULAR COUNCIL MEETING PER MONTH, WAS READ IN ITS ENTIRETY IN THE REGULAR BUSINESS MEETINGS OF FEBRUARY 8, 1988 AND FEBRUARY 22, 1988. THE ORIGINAL MINUTES OF THESE MEETINGS MAY BE FOUND ON FILE AT THE JONESBORO CITY HALL. /s/ KATHERINE SMITH, CITY CLERK CITY OF JONESBORO MARCH 16, 1988 Sworn to and subscribed before me this 16th day of March, 1988. /s/ James E. Ervin NOTARY PUBLIC Notary Public, Clayton County, Georgia My Commission Expires Nov. 3, 1990 STATE OF GEORGIA CITY OF JONESBORO NOTICE OF HOME RULE LEGISLATION Notice is hereby given that the Mayor and Council of the City of Jonesboro, Georgia will consider an Ordinance to amend the City Charter to provide for a quorum, voting and one regular Council meeting per month. Such consideration will take place at the regular Council meeting held February 23, 1988 at 7:30 p.m. at the Jonesboro City Hall. A copy of said Ordinance is on file in the Office of the City Clerk and in the Office of the Clerk of the Superior Court of Clayton County where it shall be held available for public inspection. GLAZE, FINCHER BRAY, P.C.
Page 5219

City Attorneys City of Jonesboro 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 Display/January 29, legal February 2 9, 1988. /s/ William L. Wadkins Signed, William L. Wadkins, Publisher Sworn to and subscribed before me this 11th day of February, 1988. /s/ Judith L. Bray Signed Judith L. Bray, Notary Public My commission expires November 23, 1990 Notice of Home Rule Legislation Notice is hereby given, that the Mayor and Council of the City of Jonesboro, Georgia will consider an Ordinance to amend the City Charter to provide for one regular Council meeting per month. Such consideration will take place at the regular Council meeting held February 23, 1988 at 7:30 p.m. at the Jonesboro City Hall. A copy of said Ordinance is on file in the Office of the City Clerk and in the Office of the Clerk of the Superior Court of Clayton County where it shall be held available for public inspection. GLAZE, FINCHER BRAY, P.C. City Attorneys
Page 5220

City of Jonesboro February 2, 9, 1988 Filed in the Office of the Secretary of State March 9, 1988. CITY OF MACON MACON FIRE AND POLICE EMPLOYEE'S RETIREMENT SYSTEM; BENEFITS. AN ORDINANCE OF THE CITY OF MACON AMENDING ARTICLE IV SECTIONS (1) AND (2) 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., SO AS TO PROVIDE FOR A MINIMUM NORMAL AND DELAYED RETIREMENT BENEFIT; 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 amended; O.C.G.A. Section 36-35-3 et. seq.) as follows: Section (1) of Article IV of the Macon Fire and Police Employees' Retirement System is hereby amended by adding the following sentence to the end of the existing provision: The minimum normal retirement benefit to be paid under this section shall be $300.00 per month.

Page 5221

Section (2) of Article IV of the Macon Fire and Police Employees' Retirement System is hereby amended by adding the following sentence to the end of the existing provision: The minimum delayed retirement benefit to be paid under this section shall be $300.00 per month. This ordinance shall become effective July 1, 1988. All Charter provisions or ordinances of the City of Macon in conflict herewith are hereby repealed. SO ORDAINED this 1st day of March, 1988. /s/ David L. Carter President, City Council APPROVED this 2nd day of March, 1988. /s/ William Lee Robinson Mayor City of Macon, Ga. I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City of Macon, held March 1, 1988. Witness my hand and seal of the City of Macon this March 2, 1988 /s/ Steven G. Durden Clerk of Council SUBMITTED TO MAYOR'S OFFICE March 2, 1988 RETURNED FROM MAYOR'S OFFICE March 25, 1988 yc 4:25 p.m. SO ORDAINED this 15th day of March, 1988.

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/s/ David L. Carter President, City Council APPROVED this 18th day of March, 1988. /s/ William Lee Robinson MAYOR City of Macon, Ga. I do hereby certify that the above and foregoing Resolution was duly passed at the Regular Meeting of the Council of the City of Macon, held March 15, 1988. Witness my hand and seal of the City of Macon this March 16, 1988. /s/ Steven G. Durden Clerk of Council SUBMITTED TO MAYOR'S OFFICE March 16, 1988 RETURNED FROM MAYOR'S OFFICE March 25, 1988 yc 4:25 p.m. April 19, 1988 I, Steven G. Durden, City Clerk, do hereby certify that the attached copy of Ordinance #0-88-0004 amending the Macon Fire and Police Employee's Retirement System is a true and correct copy of the Ordinance on file in the City Clerk's Office, City Hall, Macon, Georgia. /s/ 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,

Page 5223

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: 02/20, 02/27, 03/5 /s/ Jim Huntsinger SWORN TO AND SUBSCRIBED BEFORE ME THIS 05 DAY OF MARCH, 1988 /s/ Pamela S. McQueen NOTARY PUBLIC, BIBB COUNTY, GEORGIA MY COMMISSION EXPIRES SEPT. 4, 1990 CITY ATTORNEY ROOM 309, CITY HALL MACON, GA 31201 CHARTER AMENDMENT GEORGIA, BIBB COUNTY 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 1, 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 Municapal Home Rule Act of 1965, as amended, so as to provide for a minimum normal and delayed retirement benefit under the Macon Fire and Police Department Employees' Retirement System. Copies of the proposed amendment are on file in the office of the Clerk of the City of Macon and in the offices of the Bibb County Superior

Page 5224

Court Clerk. Lisa L. Bullard Assistant City Attorney City of Macon 02/20; 02/27; 03/05/88-771973 Filed in the Office of the Secretary of State April 28, 1988. CITY OF ALPHARETTA MAYOR; COUNCIL; MUNICIPAL JUDGE; COMPENSATION. AN ORDINANCE TO AMEND THE ALPHARETTA CITY CHARTER TO PROVIDE FOR AN INCREASE IN THE SALARIES OF THE MAYOR, CITY COUNCIL MEMBERS AND THE MUNICIPAL JUDGE; TO PROVIDE FOR AN EFFECTIVE DATE; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES WHEREAS, Section 2.13 of City Charter currently provides for the compensation and expenses to be received by the Mayor and City Council members; and WHEREAS, Section 4.11(e) currently provides for the compensation to be received by the judge of the Municipal Court of the City of Alpharetta; and WHEREAS, the Mayor and City Council desire to increase the salaries of the Mayor, City Council members and the Municipal Court Judge; and WHEREAS, a copy of this proposed amendment has been filed in the office of the clerk of the City of Alpharetta and in the office of the clerk of the Superior Court of Fulton County for the purpose of examination and inspection by the public; and WHEREAS, a notice containing a synopsis of this proposed

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amendment has been published in the official organ of the county of the legal situs of the City of Alpharetta once a week for three consecutive weeks immediately preceding the week during which action is taken on this amendment; NOW, THEREFORE, the Council of the City of Alpharetta hereby ordains as follows: Section 1. Amendment to Section 2.13 of Article II. Section 2.13 of Article II of the Alpharetta City Charter is hereby amended by deleting Section 2.13 in its entirety and substituting a new Section 2.13 to read as follows: Section 2.13 Compensation and expenses. The Mayor and Councilmembers shall receive compensation for their services in the following amounts, to wit: (a) Mayor an amount not to exceed $1800.00 per month; and (b) Council member an amount not to exceed $750.00 per month. The mayor and council members shall be entitled to receive their actual and necessary expenses incurred in the performance of their official duties. Section 2. Amendment to Section 4.11(e) of Article IV. Subsection (e) of Section 4.11 of Article IV of the Alpharetta City Charter is hereby amended by deleting subsection (e) of Section 4.11 in its entirety and substituting a new subsection (e) of Section 4.11 to read as follows: (e) The Judge of said court shall receive as compensation for his services a sum not to exceed $900 per month. Section 3. Filing; Effective Date; Repealer. This ordinance shall become effective immediately upon its adoption. However, the Amendments adopted herein shall not

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be effective until after the taking of office of those elected at the next regular municipal election and until a copy of the required Notice of Publication, and an Affidavit of a duly authorized representative of the newspaper in which the notice was published, to the effect that the notice has been published as provided in O.C.G.A. 36-35-1 et seq., has been filed with the Secretary of State and in the office of the Clerk of the Superior Court of Fulton County. The City Attorney is directed to effect such filings as soon as is reasonably practicable. All Ordinances or parts of Ordinances, or Chapter provisions in conflict with this Ordinance be and they are hereby are repealed. ADOPTED this 22nd day of February, 1988. CITY OF ALPHARETTA /s/ Jimmy Phillips MAYOR COUNCIL MEMBERS /s/ Bill Keeton /s/ Bill Hunter /s/ Sandra B. Johnson /s/ Earl Mitchell /s/ Buddy Stovall /s/ Arthur Letchas (SEAL) ATTEST /s/ Sue Rainwater Clerk 2/8/88 First Reading

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2/22/88 Second Reading AFFIDAVIT STATE OF GEORGIA COUNTY OF FULTON PUBLISHER'S AFFIDAVIT Before me the undersigned, a notary public, this day personally came EARL HIGGINS, who, being first 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, the newspaper in which sheriff's advertisement's appear for Fulton County, Georgia and that the attached copy of notice of proposed charter amendment was published in said newspaper on January 25, February 1, and February 8, 1988, as provided by law. /s/ Earl Higgins Sworn to and subscribed before me this 12TH day of May, 1988. /s/ Sarah Boddie Notary Public Notary Public, Douglas County, Georgia My Commission Expires April 2, 1991 NOTICE OF PROPOSED CHARTER AMENDMENT Notice is hereby given that the City council of the City of Alpharetta proposed to amend the City Charter to provide for an increase in the salaries of the Mayor, City Council members and Municipal Judge. This proposed amendment will be on the agenda for the February 8, 1988 regularly scheduled City Council

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meeting. A copy of this proposed Amendment is on file in this office of the Clerk of the City of Alpharetta and in the office of the Clerk of the Fulton County Superior Court for the purpose of examination and inspection by the public. Jan 25 Feb 1 8 1988req. 4 Filed in the Office of the Secretary of State May 20, 1988. CITY OF EAST POINT - RETIREMENT; TERMINATION OF PLAN. AN ORDINANCE An Ordinance to amend an Ordinance adopted pursuant to the Municipal Home Rule Act of 1965 (Georgia Laws 1965, p. 298, et seq.) amending the Municipal Charter of the City of East Point, Georgia, approved August 19, 1912 (Georgia Laws 1912, p. 862, et seq.) and the several amendatory acts thereof, so as to amend the provisions relating to termination of the plan to assure that the City shall fund any accrued retirement obligations remaining unpaid after all assets in the retirement trust fund have been expended; 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 East Point, Georgia, and it is hereby ordained by the authority thereof: Section 1. An act establishing a new charter for the City of East Point in Fulton County, and approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.), as amended, is hereby amended by striking paragraph f from Article XIV, Section 3, and substituting in lieu thereof a new paragraph f to read as follows: f. Upon distribution of the assets as specified above, the

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Plan and Contract shall be regarded as terminated and no Participant or Beneficiary shall have any further rights or claim to benefits, except as provided in paragraph g of this Section 3. Section 2. Said act is further amended by adding the following paragraph g to the end of Article XIV, Section 3: g. If the assets available in the Trust Fund at the time of termination are insufficient to pay the Accrued Benefits of the classes enumerated in paragraph d of this Section 3, the Employer agrees to develop and implement a financing plan to assure that such unfunded obligations are met by the Employer. Nothing herein shall be construed to require JMEBS to make any payments in excess of the assets available in the Trust Fund. Section 3. Said act is further amended by striking Section 4 from Article XV, and substituting in lieu thereof a new Section 4 to read as follows: Section 4. Benefits Supported Only by Trust Fund. Except as provided in Article XIV, Section 3g, any person having any claim under the Plan shall look solely to the assets of the Trust Fund for satisfaction. In no event shall the Employer, or any of its employees or agents, be liable in their individual capacities to any person whomsoever, under the provisions of the Plan or of the Joint Trust Agreement. Section 4. The rights and obligations under the Plan with respect to persons whose employment with the City or Library was terminated for any reason whatsoever prior to the effective date of this amendment are fixed and shall be governed by such Plan as it existed and was in effect at the time of such termination. Section 5. The effective date of this Ordinance shall be March 28, 1988. Section 6. All ordinances and parts of ordinances in conflict herewith are hereby expressly repealed.

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ORDAINED this 28 day of March, 1988. City of East Point, Georgia /s/ W.A. Ponder Mayor Attest: /s/ Evelyne K. Reeves City Clerk (SEAL) Approved as to form: /s/ James A. Eidson City Attorney CERTIFICATION I, Evelyne K. Reeves, City Clerk of the City of East Point, Georgia do hereby certify that I am the keeper of the seal, minutes and records of said city; that the attached is a true, correct and exact copy of the original thereof, as the same appears on record in the office of the Clerk of the City of East Point, Georgia. IN WITNESS WHEREOF I have hereunto affixed my official signature and the corporate sale of the City of East Point, Georgia this 1 day of April, 1988. /s/ Evelyne K. Reeves, City Clerk May 24, 1988 TO WHOM IT MAY CONCERN I, Evelyne K. Reeves, City Clerk of the City of East Point, Georgia do hereby certify that I am the keeper of the seal, minutes and records of said city; that the attached is a true, correct and exact copy of a Home Rule Ordinance 959-88 which was adopted by the East Point Mayor and Council at their regular meeting of Council on March 7, 1988. FIRST READING

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IN WITNESS WHEREOF I have hereunto affixed my official signature and the corporate sale of the City of East Point, Georgia this the 24th day of May, 1988. /s/ 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 the Mutual Home Rule Ordinance adopted March 28, 1988, 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 the 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. /s/ Evelyne K. Reeves Clerk, City of East Point (Deponent)

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Sworn to and subscribed before me this 1st day of April, 1988. /s/ Ovada N. Knight Notary Public Notary Public, Fulton County, Georgia My Commission Expires July 15, 1991 STATE OF GEORGIA COUNTY OF FULTON AFFIDAVIT This affidavit will serve to certify that I have received from the Clerk of the City of East Point the Home Rule Ordinance Amendment regarding the East Point Pension Plan. This 22nd day of Feb. (11:03 am), 1988. by: /s/ Estelle W. Roberts, Chief Deputy Barbara J. Price, Clerk Superior Court of Fulton County Sworn to and subscribed before me this 22 day of March, 1988. /s/ Geraldine Harper Notary Public Notary Public, Fulton County, Georgia My Commission Expires July 23, 1991 PUBLISHER'S CERTIFICATE STATE OF GEORGIA COUNTY OF FULTON Personally appeared before the undersigned, a notary public within and for said county and State, GERALD W. CRANE, publisher of the SOUTHSIDE SUN a newspaper published at

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East Point, county of Fulton, State of Georgia, who, being duly sworn, states on oath that the report of CITY OF EAST POINT, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 18 day of Feb., 1988. /s/ Gerald W. Crane, Publisher ( by ) /s/ Pat L. Hinkle, 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 7th day of April, 1988. /s/ David H. Hamrick Notary Public. My commission expires September, 1991 (SEAL) LEGAL ADVERTISEMENTS NOTICE A public hearing will be held before the East Point City Council, Council Chamber, East Point Auditorium, East Point, Georgia on March 1, 1988 for first reading and March 28, 1988 for final reading. For the purpose of hearing: An Ordinance to amend Municipal Charter of the City of East Point, Georgia so as to amend the privisions relating to termination of the plan to assure that the city shall fund any accrued retirement obligations remaining unpaid after all assets in the retirement trust fund have been expended.

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Evelyne K. Reeves, City Clerk 7091, 2/18-3/3 PUBLISHER'S CERTIFICATE STATE OF GEORGIA COUNTY OF FULTON Personally appeared before the undersigned, a notary public within and for said county and State, GERALD W. CRANE, publisher of the SOUTHSIDE SUN a newspaper published at East Point, county of Fulton, State of Georgia, who, being duly sworn, states on oath that the report of CITY OF EAST POINT, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 25th day of FEB., 1988. /s/ Gerald W. Crane, Publisher Acknowledgment of the publisher must be made before a notary public or other official authorized to administer oaths. Sworn to and subscribed before me this 7 day of April, 1988. /s/ David H. Hamrick Notary Public. My commission expires September, 1991. (SEAL) LEGAL ADVERTISEMENTS NOTICE A public hearing will be held before the East Point City Council, Council Chamber, East Point Auditorium, East Point,

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Georgia on March 1, 1988 for first reading and March 28, 1988 for final reading. For the purpose of hearing: An Ordinance to amend Municipal Charter of the City of East Point, Georgia so as to amend the provisions relating to termination of the plan to assure that the city shall fund any accrued retirement obligations remaining unpaid after all assets in the retirement trust fund have been expended. Evelyne K. Reeves, City Clerk 7091, 2/18-3/3 PUBLISHER'S CERTIFICATE STATE OF GEORGIA COUNTY OF FULTON Personally appeared before the undersigned, a notary public within and for said county and State, GERALD W. CRANCE, publisher of the SOUTHSIDE SUN a newspaper published at East Point, county of Fulton, State of Georgia, who, being duly sworn, states on oath that the report of CITY OF EAST POINT, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 3rd day of March, 1988. /s/ Gerald W. Crane, Publisher Acknowledgment of the publisher must be made before a notary public or other official authorized to administer oaths. Sworn to and subscribed before me this 7th day of April, 1988. /s/ David H. Hamrick Notary Public.

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My commission expires September, 1991 (SEAL) 1987 LEGAL ADVERTISEMENTS NOTICE A public hearing will be held before the East Point City Council, Council Chamber, East Point Auditorium, East Point, Georgia on March 1, 1988 for first reading and March 28, 1988 for final reading. For the purpose of hearing: An Ordinance to amend Municipal Charter of the City of East Point, Georgia so as to amend the provisions relating to termination of the plan to assure that the city shall fund any accrued retirement obligations remaining unpaid after all assets in the retirement trust fund have been expended. Evelyne K. Reeves, City Clerk 7091, 2/18-3/3 PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF FULTON Before me, the undersigned a NOTARY PUBLIC, this day personally came EARL HIGGINS, who, after being first duly sworn, according to law, says that HE is the LEGAL AD. MANAGER of the DAILY REPORT COMPANY, publishers of the FULTON COUNTY DAILY REPORT, official newspaper published in ATLANTA, in said county and State, and that the publication, of which the attached is a true copy, was published in said paper on the 18TH, 25TH days of FEBRUARY, 1988, and on the 3RD days of MARCH, 1988, as provided by law. /s/ Earl Higgins

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Sworn to and subscribed before me this 4th day of April, 1988. /s/ Sarah A. Boddie Notary Public Notary Public, Douglas County, Georgia My Commission Expires April 2, 1991 PUBLIC NOTICE Pursuant to the Municipal Home Rule Act of 1965, as amended, notice is hereby given that the Mayor and Council of the City of East Point propose to consider for adoption an Ordinance to amend an Ordinance adopted pursuant to the Municipal Home Rule Act of 1965 (Georgia Laws 1965, p. 298, et seq.) amending the Municipal Charter of the City of East Point, Georgia, approved August 19, 1912 (Georgia Laws 1912, p. 862, et seq.) and the several amendatory acts thereof, so as to amend the provisions relating to termination of the Retirement plan to assure that the City shall fund any accrued retirement obligations remaining unpaid after all assets in the retirement trust fund have been expended; 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 City Clerk of the City of East Point, East Point City Hall, 2777 East Point Street, East Point, Fulton County, Georgia; and, in the office of the Clerk of the Superior Court of Fulton County, Georgia, Fulton County Courthouse, 136 Pryor Street, S.W., Atlanta, Fulton County, Georgia, for examination and inspection by the public. 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 the first time in the regular meeting of the Mayor and Council of the City of East Point on Monday, March 7, 1988, and will be considered for final adoption at the regular meeting of the Mayor and Council of the City of East Point on Monday, March 28, 1988. EVELYNE K. REEVES

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City Clerk Feb 18 25 Mar 3 1988 Req.-2 Filed in the Office of the Secretary of State May 10, 1988. CITY OF CANTON MAYOR AND COUNCIL; QUALIFICATIONS; COMPENSATION. CITY OF CANTON QUALIFICATION AND COMPENSATION OF MAYOR AND COUNCILMEN An Ordinance enacted pursuant to Official Code of Georgia, Section 36-35-3, to amend Section 18 of the Charter of the City of Canton so as to amend the compensation for the Mayor and Councilmen; to repeal conflicting Ordinances and for other purposes. Be it Ordinated 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 18, of the Charter of the City of Canton is hereby amended by striking in its entirety Section 18 of the Charter which is captioned Qualifications and compensation of mayor and councilmen and substituting therefor an entirely new Section 18 of the Charter as codified, the new Section 18 to be captioned Qualifications and Compensation of Mayor and Councilmen and the new Section 18 to read as follows: Any person shall be eligible to the office of mayor and councilmen who has been a resident of the city one (1) year, is 21 years old, and has paid all taxes due said City of Canton. The mayor may receive a salary not exceeding $4200.00 and each councilman may receive a salary not exceeding $2400.00 per annum;

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provided the same be fixed by ordinance and not changed so as to affect anyone during his term of office. 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 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 April, 1988 (First Reading) Vote: 6 Yeas, 0 Nays. Approved: MAYOR, CITY OF CANTON /s/ Walton C. Davis, Jr. COUNCIL, CITY OF CANTON /s/ Albert F. Schwamlein, Jr. /s/ R. C. Sibley /s/ Arnold Fowler /s/ William A. Teasley /s/ L. F. Jerrett /s/ Margaret Logan ATTEST: /s/ Judy G. Wehunt City Clerk

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This 5th day of May, 1988 (Second Reading) Vote: 5 Yeas, 0 Nays. Approved: MAYOR, CITY OF CANTON /s/ Walton C. Davis, Jr. COUNCIL, CITY OF CANTON /s/ R. C. Sibley /s/ Albert F. Schwamlein, Jr. /s/ L. F. Jerrett /s/ Margaret Logan /s/ William A. Teasley Absent Attest: /s/ Judy G. Wehunt City Clerk June 2, 1988 I, Judy G. Wehunt, City Clerk for the City of Canton, Georgia, do hereby certify that the attached Charter amendment was read aloud in it's entirety during two regular meetings of the Mayor and Council on April 7, 1988, and May 5, 1988. /s/ Judy G. Wehunt, City Clerk City of Canton STATE OF GEORGIA. COUNTY OF CHEROKEE: AFFIDAVIT Personally appeared before the undersigned attesting officer, GARY WATSON, Editor of The Cherokee Tribune , who after first being duly sworn deposes and says that the attached

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notice appeared in The Cherokee Tribune three (3) consecutive times, to-wit: March 23, 1988; March 30, 1988 and April 6, 1988. /s/ Gary Watson, Editor, The Cherokee Tribune Sworn to and subscribed before me this 6th day of May, 1988. /s/ Carrie Godfrey Notary Public Commission Expires: 9/9/90 M-51 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 on Thursday, April 7, 1988, and read for final adoption on May 5, 1988, to amend Section 18 of the Charter of the City of Canton relating to compensation of the mayor so as to increase his salary from an amount not to exceed $500.00 per annum to an amount not exceeding 4,200.00 per annum and to increase the salary of each Councilman from an amount not to exceed $100.00 per annum to an amount not to exceed $2,400.00 per annum. Said increases in salary shall not affect anyone during his or her existing term of office and shall be in conformity with O.C.G.A. 36-35-4. 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 Cheroke County, Georgia, for the purpose of examination and inspection by the public, all as required by law.

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This 21st day of March, 1988. /s/ William G. Hasty, Jr., Attorney for City of Canton 3-23, 30, 4-6 Filed in the Office of the Secretary of State June 3, 1988. CITY OF MACON MACON FIRE AND POLICE EMPLOYEE'S RETIREMENT SYSTEM; DEATH BENEFIT. AN ORDINANCE OF THE CITY OF MACON AMENDING ARTICLE V SECTION (2) OF THE MACON FIRE AND POLICE EMPLOYEES 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 298, ET. SEQ., SO AS TO PROVIDE FOR A MINIMUM DEATH BENEFIT AFTER RETIREMENT; AND OTHER PURPOSES. BE IT ORDAINED by the City of Macon and it is hereby so ordained by the authority of same pursuant to the authority granted the City of Macon under the Municipal Home Rule Act of 1965 (1965 Georgia Laws, Page 298 et. seq., as amended, O.C.G.A. Section 36-35-3 et. seq.) as follows: Section (2) of Article V of the Macon Fire and Police Employees' Retirement System is hereby amended by deleting said

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section in its entirety and substituting in lieu thereof a new provision to read as follows: ARTICLE V DEATH OR TERMINATION OF EMPLOYMENT (2) Death Benefit After Retirement. If an employee dies subsequently to actual retirement, his widow shall receive a benefit equal to fifty percent (50%) of the benefit the employee was receiving at the time of his death provided; however, the minimum benefit to be paid under this section shall be $150.00 per month. This ordinance shall become effective July 1, 1988. All Charter provisions or ordinances of the City of Macon in conflict herewith are hereby repealed. SO ORDAINED this 3rd day of May, 1988. /s/ David L. Carter President, City Council APPROVED this 5th day of May, 1988. /s/ William Lee Robinson Mayor SO ORDAINED this 17th day of May, 1988. /s/ David L. Carter President, City Council APPROVED this 18th day of May, 1988. /s/ William Lee Robinson Mayor City of Macon, Ga. I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City of

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Macon, held May 3, 1988. Witness my hand and seal of the City of Macon this May 4, 1988. /s/ Steve Durden Clerk of Council SUBMITTED TO MAYOR'S OFFICE May 4, 1988. RETURNED FROM MAYOR'S OFFICE May 6, 1988. yc 12:50 pm 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 May 17, 1988. Witness my hand and seal of the City of Macon this May 18, 1988. /s/ Steve Durden Clerk of Council SUBMITTED TO MAYOR'S OFFICE May 17, 1988. RETURNED FROM MAYOR'S OFFICE May 18, 1988. yc 4:40 pm May 18, 1988 I, Steve Durden, City Clerk, do hereby certify that the attached copy of Ordinance #0-88-0013 concerning the Macon Fire and Police Employees Retirement System to provide for a minimum death benefit after retirement, is a true and correct copy of said ordinance on file in the City Clerk's Office, City

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Hall, Room 208, Macon, Georgia. /s/ Steve Durden Steve Durden City Clerk City Hall Macon, Georgia 31298 STATE OF GEORGIA COUNTY OF BIBB PERSONALLY APPEARED BEFORE ME, A NOTARY PUBLIC WITHIN AND FOR ABOVE STATE AND COUNTY, JUDY SHERLING, WHO DEPOSES AND SAYS SHE 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: 04/30, 05/7, 05/14 /s/ Judy Sherling SWORN TO AND SUBSCRIBED BEFORE ME THIS 14 DAY OF MAY, 1988 /s/ Pamela S. McQueen NOTARY PUBLIC, BIBB COUNTY, GEORGIA MY COMMISSION EXPIRES SEPT. 4, 1990 CITY ATTORNEY ROOM 309, CITY HALL MACON, GA. 31201 GEORGIA, BIBB COUNTY GEORGIA BIBB COUNTY PUBLIC NOTICE

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This advertisement is to provide notice that the City of Macon proposes to amend the Charter of the City of Macon, Division 1, Article V, Chapter 5, Section 5-502 (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 for a minimum death benefit after retirement under the Macon Fire and Police Department Employees' Retirement System. Copies of the proposed amendment 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 4/30, 5/7, 5/14, 1988-788719 Filed in the Office of the Secretary of State June 9, 1988. CITY OF ALBANY SANITARY SEWER COSTS. 88-135 ENTITLED AN ORDINANCE 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 ASSESSING AND HOLDING IN ABEYANCE THE COSTS OF SANITARY SEWER CONSTRUCTION UNDER CERTAIN CIRCUMSTANCES; 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. The first paragraph of subsection (9) of Section 34 of the Charter of the City of Albany, entitled, Sewers; extension of gas, water, etc. is amended by inserting between the words the Board of City Commissioners, and the words the consent of the property owners, on the tenth line from the end of said paragraph the following words: and if the Board of City Commissioners shall not elect to hold the cost of such improvement in abeyance and collect it as a sewer connection charge as hereafter provided,, so that the first paragraph of said subsection (9), as amended, shall read as follows: (9) Sewers; extension of gas, water, etc. To construct or extend sewers in any of the streets, alleys or ways of said city or contiguous territory that may hereafter be incorporated, to assess such part of the cost of the same on the real estate abutting in the street, way or alley in which the same may be extended, according to frontage as may seem just and reasonable, and to enforce the payment of same by execution against the abutting real estate and the owner thereof. Before the board of [city] commissioners shall adopt any ordinance providing for said improvements where part of the cost is to be assessed against the property owner as above provided, written notice of the date and time of the meeting of the public works committee of the board of [city] commissioners at which such ordinance will be considered shall be given each affected property owner by mailing said notice to the address of such property owner as shown on the last city property tax return of such property owner, such notice to be placed in the United States mail at least thirty (30) days prior to said meeting. The mailing of the notice above described in the manner above provided shall constitute sufficient notice. If the ordinance providing for such improvements shall receive the unanimous vote of the board of [city] commissioners, and if the Board of City Commissioners shall not elect to hold the cost of such improvement in abeyance and collect it as a sewer connection charge as hereafter provided, the consent of the property owners shall not be required as a condition to the construction of said improvements or to the assessment of the property owners for the cost or portions of the cost thereof; but if such ordinance shall not receive the unanimous vote of the board of [city] commissioners, the consent of fifty-one (51) percent or more of the property owners to be assess shall be required.

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SECTION 2. Said subsection (9) of Section 34 of the Code of the City of Albany is further amended by changing the period at the end of the fourth paragraph of said subsection to a comma, and adding the following words: effective from the date of the passage of the ordinance making the assessment, and having the same priority. SECTION 3. Said subsection (9) of Section 34 of the Code of the City of Albany is further amended by inserting a new paragraph immediately following the end of the sixth paragraph of said subsection, to read as follows: Whenever the construction or extension of a sanitary sewer does not receive the approval of fifty-one (51) per cent or more of the property owners to be assessed, and the unanimous vote of the Board of City Commissioners cannot be obtained to proceed with such construction or extension and to assess the same as heretofore provided, the Board of City Commissioners may nevertheless, by vote of four or more commissioners, order the sewer constructed or extended, and order the costs thereof to be apportioned and assessed against the abutting property owners in the same manner as herein provided in the case of other assessments, the payment thereof to be held in abeyance and collected as an additional sewer connection charge, in addition to all other connection charges and fees, at the time the property owner connects to the sewer. In such case execution shall issue and shall be recorded, and the assessment shall constitute the same lien as herein provided for other sewer construction and extension costs, dating from the adoption of the ordinance providing therefor, but payment shall not be required or demanded until the property owner connects to the sewer. The Board of Commissioners shall have the power to authorize payment of such costs, when the same becomes due upon connection to the system, in future installments and in such manner and at such rate of interest, not to exceed the maximum lawful rate, as it shall determine. In such case the costs shall continue to be a lien until paid in full, with all due interest. SECTION 4. 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

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consecutive meetings, and after compliance with all of the provisions of the Municipal Home Rule Act of 1965, as amended. SECTION 5. All ordinances or parts of ordinances and all charter provisions or parts of charter provisions in conflict herewith are repealed. /s/ William Larry Bays MAYOR ATTEST /s/ Joann Pope CITY CLERK Adopted: May 24, 1988 Adopted: June 14, 1988 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 who, having been sworn, states that (s)he is Credit 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 weeks on the following dates: May 12, 19, and 26, 1988. James M. Robinson Sworn to and subscribed before me this 7th day of June, 1988, in the presence of: /s/ Tina S. Hamby
Page 5250

Notary Public My Commission Expires January 11, 1992. 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 assessing and holding in abeyance the costs of sanitary sewer construction under certain circumstances. 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 May 12, 19, 26, 1988 Filed in the Office of the Secretary of State June 22, 1988. CITY OF RIVERDALE APPOINTED OFFICERS; CITY MARSHALL. ORDINANCE NO. 88-5 AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF RIVERDALE, GEORGIA (Ga. L. 1956, p. 2205 approved Feb. 13, 1956, as amended) TO PROVIDE FOR APPOINTED OFFICERS OF THE CITY; TO DELETE REFERENCES

Page 5251

TO A CITY MARSHAL; TO PROVIDE FOR COMPENSATION OF OFFICERS AND EMPLOYEES; TO PROVIDE FOR EXPENDITURES; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES. STATE OF GEORGIA CITY OF RIVERDALE BE IT AND IT IS HEREBY ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF RIVERDALE AND BY THE AUTHORITY OF THE SAME that the Charter of the City of Riverdale, Georgia, as amended, is hereby further amended pursuant to the City's home rule powers are codified in Title 36, Chapter 35 of the Official Code of Georgia, as follows: Section 1. By deleting the present language of Section 21 in its entirety and inserting the following language in lieu thereof: Section 21. City officers; drafts for expenditures. At its first meeting in January of each year, the Mayor and Council shall appoint a City Clerk and Treasurer, a City Attorney, City Judge, and such other officers as the Mayor and Council deem necessary for the efficient operation of City government. Each officer appointed shall take such oath, perform such duties and give such bond, payable to the City, as the Mayor and Council, shall prescribe. The Mayor and Council, in their discretion, may suspend or remove any officer appointed pursuant to this section. The Mayor and Council shall fix the compensation of all officers and employees of the City, including the compensation of all governing body members; provided that no increase in the compensation of members of the governing body shall be effective unless made in accordance with the requirements of O.C.G.A. 36-35-4. All expenditures of City funds shall be drawn by the City Clerk and Treasurer in accordance with procedures established by the Mayor and Council. Section 2. By deleting the words, any policeman or marshal thereof, in Section 26 and inserting the words, any law enforcement officer thereof, so that said section, as amended, shall read:

Page 5252

Section 26. Warrants. The City Judge of the City of Riverdale shall be authorized to issue warrants for any offense under any law or ordinance of the City of Riverdale or this State, and when the offense is against State law and not covered by municipal law or ordinance, may hear evidence and commit to jail or take bond for appearance before the grand jury or a State court having jurisdiction to try the same. If the offense charged in the warrant be one against any law or ordinance of the City of Riverdale, the arresting officer shall carry the case before the City Court, where same shall be disposed of as other cases of arrest not under warrant. All warrants issued by the Judge, or any one authorized to preside in the City Court, shall be directed to the Chief of Police of the City of Riverdale, any law enforcement officer thereof, and to all and singular the sheriffs, deputy sheriffs, and constables of the State of Georgia, and any one of said officers shall have authority to execute warrants. Section 3. By deleting the words, marshal or other police officer in Section 36 and inserting the words, Chief of Police or other law enforcement officer, so that said section, as amended, shall read: Section 36. Tax executions. The Mayor and Councilmen of said City shall have power and authority to provide by ordinance when the taxes of said City shall fall due, and tax executions shall be issued against all persons who have not paid their taxes by the time fixed and defined by ordinance. All tax executions shall be signed by the Clerk and bear teste in the name of the Mayor of said City; and the Chief of Police or other law enforcement officer of said City, the sheriff, deputy sheriffs, and the constables of said State shall have authority to execute same by levy and sale as hereinafter provided in this Charter. Section 4. By deleting the title Marshal, and inserting the title, Chief of Police, in lieu thereof, and further deleting references to Constables in Section 66, so that said section, as amended, shall read:

Page 5253

Section 66. Executions. All executions in favor of the City of Riverdale for the enforcement and collections of any fine, forfeiture, assessment, taxes or other claim, demand, or debt, shall be issued by the Clerk and bear teste in the name of Mayor (except when otherwise provided by this Charter), and shall be directed to the Chief of Police of said City and shall state for what issued and be made returnable to the Mayor and Councilmen of the City of Riverdale at least within ninety (90) days after the issuing of the same; and it shall be the duty of the Chief of Police or collecting officers to advertise the sale of such real or personal property as may be levied on by him to satisfy said execution, in the same manner respectively as sheriffs' sales of real property or constables' sales of real property are required to be made by law. All of said sales shall be made at the place within the usual hours of sale of sheriffs' sales and shall be made under the same rules and regulations as govern sheriffs' sales of similar property; and the time, place and manner of sale of property, both real and personal, for taxes due, shall be the same as provided by law for sale under the executions for State and County taxes. Whenever any land is sold for taxes, redemption may be made by paying the purchaser the amount paid for said property at said tax sale as shown by the recitals in the tax deed, plus a premium of ten percent (10%) of said amount for each year, or fraction of a year, which shall have elapsed between the date of sale and the date of which the redemption payment is made, said payment to be made to the purchaser at any time within twelve (12) months from the date of said tax sale, and at any time thereafter until right to redeem shall be foreclosed. All redemptions of land which has been sold for taxes due the City of Riverdale and the foreclosure of the right of redemption of land sold for taxes shall be governed by the laws of the State of Georgia, as embodied in Sections 48-4-40 through 48-4-48 of the Official Code of Georgia Annotated, and all acts amendatory thereof. Whenever at any such sale for taxes due, no person present shall bid for the property put up for sale as much as the amount of such execution for taxes and all costs and after such property shall have been cried for a reasonable time, then any duly

Page 5254

appointed or authorized agent of said City may bid off said property for said City, and the Chief of Police, or such other officer making the sale, shall make to the City of Riverdale a deed to the property so sold and deliver the same; and the title thus acquired by the City shall be perfect and complete after the period provided for the redemption of the owner shall expire; and after the foreclosure of the right to redeem, as above provided, the Chief of Police or other officer making the sale shall put the City in possession, and the Mayor and Councilmen of said City shall have no right to divert or alienate the title of the City to any property as purchased, except at a public sale to the highest bidder in such manner as may be prescribed by the ordinances of the City of Riverdale. The City Clerk shall keep an execution docket and shall enter thereon all executions, giving the date, amount of each, and to whom delivered and all proceedings hereunder; said execution shall also be returned to the office of said Clerk after being satisfied. All sales and conveyances made under executions as provided in this section shall have all the force and effect of sales and conveyances made by sheriffs of this State, and the officer making the sales shall have the same power as sheriffs to put purchasers in possession of property sold by them under the laws of this state. Section 5 . By deleting the words City Marshal and Policemen, and inserting the words Chief of Police and law enforcement officers in Section 74 and providing authority to kill running dogs at large which pose a danger to persons in the vicinity, so that said section, as amended, shall read: Section 74. Dog tax; killing of certain dogs authorized. The Mayor and Councilmen of said City shall have power and authority to impose a tax on dogs within said City, not to exceed two dollars ($2.00) each, and shall have power to enact ordinances providing for the collection of said tax. The Mayor and Councilmen of said City may, by ordinance authorize the Chief of Police and law enforcement officers of

Page 5255

said City to kill any dog running at large in said City which poses a danger to persons in the vicinity of such dog. Section 6. All ordinances or parts of ordinances in conflict with this Ordinance are repealed. SO ORDAINED this 7th day of March, 1988. CITY OF RIVERDALE /s/ ANDY CARPENTER, MAYOR ATTEST: /s/ LIBBY ILER, CITY CLERK CERTIFICATION I, Libby Iler, City Clerk of the City of Riverdale, Georgia, do hereby certify that Ordinance No. 88-5 was read at the City Council meetings on March 7, 1988 and June 6, 1988. So certified under my hand and seal, this 19th day of July, 1988. /s/ Libby Iler, City Clerk City of Riverdale 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 advertisements, a true copy of which is hereto annexed, was published in said newspaper in its issues of the March 22 29, 1988.

Page 5256

/s/ Lee N. Howell, (Associate Editor) /s/ Brenda P. Casey, Agent Sworn to and subscribed before me this 5th day of July, 1988. Signed Judith L. Bray, Notary Public My Commission expires November 23, 1990 MISCELLANEOUS NOTICE Notice is hereby given that the Mayor and Council of the City of Riverale, Georgia intends to amend its Charter through the Home Rule Powers granted to municipalities of O.C.G.A. Title 36, Chapter 35. The proposed amendment will remove the title Marshall from the Charter and make corresponding changes in terminology of law enforcement personnel. Pursuant to O.C.G.A. 36-35-3, a copy of the proposed ordinance is on file in the office of the City Clerk and in the office of the Clerk of the Superior Court of Clayton County for the purpose of public examination and inspection. GLAZE, FINCHER BRAY, P.C. CITY ATORNEYS, CITY OF RIVERDALE March 22 29, 1988 Filed in the Office of the Secretary of State July 7, 1988. CITY OF ALPHARETTA CONTRACTS; BIDS; EXEMPTIONS. AN ORDINANCE TO AMEND THE ALPHARETTA CITY CHARTER TO PROVIDE FOR AN INCREASE IN THE CONSIDERATION ALLOWABLE ON CONTRACTS NEGOTIATED

Page 5257

BY THE CITY BEFORE BEING REQUIRED TO OBTAIN BIDS FOR THE LETTING OF SUCH CONTRACTS: TO PROVIDE FOR AN EFFECTIVE DATE; TO REPEAL CONFLICTING LAWS; AND FOR OTHER PURPOSES WHEREAS, Section 1.13(33) of the City Charter currently provides that all contracts involving $1,000.01 or more shall be let for bids after at least three bids are requested; and WHEREAS, the Mayor and City Council desire to increase the consideration allowable on contracts negotiated by the City before being required to obtain bids for the letting of such contracts; and WHEREAS a copy of this proposed amendment has been filed in the office of the clerk of the City of Alpharetta and in the office of the Clerk of the Superior Court of Fulton County for the purpose of examination and inspection by the public; and a notice containing a synopsis of this proposed amendment has been published in the Fulton County Daily Report once a week for three consecutive weeks as provided by law; NOW THEREFORE, the Council of the City of Alpharetta obtains as follows: Section 1. Amendment to Section 1.13(33) of Article I. Subsection (33) of Section 1.13 of Article I of the Alpharetta City Charter is hereby amended by deleting subsection (33) of Section 1.13 in its entirety and substituting a new subsection (33) of Section 1.13 to read as follows: (33) Contracts. The City of Alpharetta shall have the power to enter into contracts and agreements with other governmental entities and with private persons, firms and corporations providing for services to be made therefor and limited only by the dictates of O.C.G.A. 36-30-3; but all contracts involving $5,000.01 or more shall be let for bids after at least three bids are requested;

Page 5258

Section 2. Filing; Effective Date; Repealer. This ordinance shall become effective immediately upon a copy of this ordinance, the required notice of publication, and an affidavit of a duly authorized representative of the Fulton County Daily Report, to the effect that the notice has been published as provided in O.C.G.A. 36-35-1 et. seq. , having been filed with the Secretary of State and in the office of the clerk of the Superior Court of Fulton County. The City attorney is directed to effect such filings as soon as is reasonably practicable. All ordinances or parts of ordinances, or charter provisions in conflict with this ordinance be and they are hereby repealed. ADOPTED this 9th day of May, 1988. CITY OF ALPHARETTA /s/ Jimmy Phillips Mayor COUNCIL MEMBERS /s/ Bill Keeton /s/ Arthur S. Letchas /s/ Buddy Stovall /s/ Sandra B. Johnson /s/ Earl Mitchell (SEAL) ATTEST: /s/ Sue Rainwater Clerk 4-25-88 First Reading 5-9-88 Second Reading

Page 5259

PUBLISHER'S AFFIDAVIT STATE OF GEORGIA,County of Fulton Before me, the undersigned, a Notary Public, this day personally came Earl Higgins, who, being first duly sworn, according to law, says that he is the legal Adv. Mgr. of the Daily Report Company , publishers of the Fulton County Daily Report , official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 13, 20 27 days of APRIL, 1988, and on the.....days of....., 19..... As provided by law. /s/ Earl Higgins Subscribed and sworn to before me this 14th day of July, 1988. /s/ Dorothy G. Higgins Notary Public, Clayton County, Georgia My Commission Expires Jan. 14, 1991 NOTICE OF PROPOSED CHARTER AMENDMENT Notice is hereby given that the Mayor and City Council for the City of Alpharetta desire to amend the Alpharetta City Charter to provided for an increase in the consideration allowable on contracts negotiated by the City before being required to obtain bids for the letting of such contracts. Such increase shall be from $1,000.01 to $5,000.01. The ordinance is schedulred to be read at the regularly scheduled council meeting of April 25, 1988. A copy of the proposed amendment is on file in the office of the City Clerk of Alpharetta and the office of the Clerk of the Fulton County Superior Court for the purpose of examination and inspection by the public. JIMMY PHILLIPS Mayor City of Alpharetta Apr 13 20 27 1988-2

Page 5260

Filed in the Office of the Secretary of State July 22, 1988. CITY OF TIFTONCITY COMMISSION; COMPENSATION. NO. 88-17 CITY OF TIFTON, GEORGIA ORDINANCE AN ORDINANCE OF THE CITY OF TIFTON, GEORGIA, TO ESTABLISH THE COMPENSATION OF THE MEMBERS OF THE CITY COMMISSION OF THE CITY OF TIFTON AND THE COMPENSATION OF THE CHAIRMAN OF THE CITY COMMISSION; TO PROVIDE FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TIFTON, GEORGIA, THAT: I Amendment of Code of Ordinances Article II of Chapter 2 of the Code of Ordinances is amended by the addition of a Section 2-24 thereto which shall be constituted as follows: Sec. 2-24 Compensation of Commission Each member of the City Commission, with the exception of that commissioner who is then serving as Chairman of the Commission, shall receive compensation of Two Hundred Fifty Dollars ($250.00) per month. That commissioner who is then serving as Chairman of the Commission shall receive compensation of Four Hundred dollars ($400.00) per months. II General Repealer To the extent that any other ordinance, portion of an ordinance,

Page 5261

or resolution of the City of Tifton now in effect is inconsistent with the provisions hereof, the same is hereby repealed. III Effective Date The effective date of this ordinance shall be January 1, 1989, or the date of the taking of office of those persons elected as Commissioners at the next regular municipal election of the City of Tifton, if the date of the taking of office by such persons is later than January 1, 1989. Read and passed on First Reading at a meeting of the City Commission held on July 29, 1988. Read and passed on Second Reading and adopted at a regular meeting of the City Commission held on Aug. 1, 1988. Attest: /s/ ELOISE H. SCARBOROUGH Clerk of the City of Tifton /s/ FRANK RALEY, Chairman Board of Commissioners of the City of Tifton AFFIDAVIT OF CITY CLERK GEORGIA, TIFT COUNTY. Before the undersigned officer authorized to administer oath personally appeared Eloise H. Scarborough who, after being duly sworn, deposes and states under oath that: she is the duly constituted appointed and acting City Clerk of the City of Tifton, Georgia, and is competent to testify as to the matters set forth herein; as City Clerk of the City of Tifton, Georgia, she is charged with the responsibility of the custody and maintenance of City records as well as the preparation, maintenance, and custody of minutes of the meetings of the City Commission of the City of Tifton, Georgia;

Page 5262

the within and foregoing is a true and correct copy of Ordinance No. 88-17 which has been adopted by the City Commission of the City of Tifton, Georgia, increasing the compensation of members of the City Commission of the City of Tifton, Georgia; the said ordinance was duly adopted by the City Commission of the City Tifton following passage thereof on first reading at the meeting of City Commission held on July 29, 1988, and final passage on second reading and adoption thereof by the City Commission at a regular meeting of such commission held on August 1, 1988; the action of the City Commission of the City of Tifton in adopting the said ordinance was not taken at a time which was during the period of time between the date of candidates for election to membership on the municipal governing authority of the City of Tifton could first qualify as candidates therefor and the date that members of the municipal governing authority would take office following such election; the public notice pursuant to and as required by Official Code of Georgia 36-35-4(a)(3) was duly published as therein prescribed prior to consideration by the City Commission with a copy of such notice as published being attached hereto as Exhibit A; a copy of the said ordinance which was so adopted was on file in my office on July 13, 1988, and was thereafter kept and maintained on file in my office for the purpose of examination and inspection thereof by the public; the said ordinance does not become effective until after the taking of the office of those who shall be elected as members of the City Commission at the next regular municipal election of members of the City Commission of the City of Tifton which will be held immediately following the date on which said ordinance was finally adopted; the increase in compensation provided for in said Ordinance will not be effective until after the taking of office of those

Page 5263

who shall be elected at the next regular municipal election for the City of Tifton, Georgia, which is held immediately following the date on which the action to increase the compensation was taken; and, I have caused a certified copy of the Ordinance as adopted by the City Commission of City the City of Tifton, Georgia, to be transmitted to the Secretary of State of the State of Georgia for enrollment in Georgia Laws as provided by and pursuant to the provisions of the provisions of the Municipal Home Rule Act of 1965, as amended. /s/ ELOISE H. SCARBOROUGH City Clerk City of Tifton, Georgia Sworn to and subscribed before me this 11th day of August, 1988. /s/ Joanne Summer NOTARY PUBLIC Georgia, Tift County My Commission Expires: 9/25/90 Notary Execution Date: 8/11/88 [NOTARY SEAL] AFFIDAVIT OF PUBLISHER Georgia, Tift County Personally before the undersigned officer authorized to administer oaths in said State and County appeared the undersigned affiant who, after being duly sworn, deposes and states under oath that: (1) the undersigned is the publisher of The Daily Tifton Gazette, a daily newspaper of general circulation in the City of Tifton, Georgia;

Page 5264

(2) said newspaper is the newspaper in which Sheriff's advertisements of Tift County, Georgia, are published; and (3) the legal notice, a copy of which is annexed hereto, was published in the Daily Tifton Gazette once a week for three (3) consecutive weeks on July 13, 1988, July 20, 1988, and July 27, 1988. /s/ James S. McKee LS Sworn to and subscribed before me this 2nd day of August, 1988. /s/ Debra Gibbs NOTARY PUBLIC Georgia, Tift County My Commission Expires: June 8, 1991 Notary Execution Date: [NOTARY SEAL] PUBLIC NOTICE Notice is hereby given that there has been filed with the Clerk of the City of Tifton, Georgia, a proposed ordinance of the City of Tifton which would increase the compensation of the members of the City Commission of the City of Tifton, except that of the Chairman of the Commission, to Two Hundred Fifty Dollars ($250.00) per month and would increase the compensation of the Chairman of the Commission of the City of Tifton to Four Hundred Dollars ($400.00) per month, all effective as of January 1, 1989, with such date being the effective date of the taking of office of those persons who will be elected at the next regular municipal election of the City of Tifton which will be held immediately following the date of adoption of such proposed ordinance, and for other purposes. A copy of said ordinance is on file in the office of the Clerk of the City of Tifton, Georgia at City Hall, First Street, Tifton, Georgia, and is available at said office for the purpose of examination

Page 5265

or inspection by the public during normal business hours. Notice is also hereby given that it is anticipated that said ordinance will be considered by the City Commission at a called meeting of the Commission to be held at 10:00 a.m. on Friday, July 29, 1988, at the Commission Chambers, First Floor, City Hall, First Street, Tifton, Georgia. /s/ ERNEST J. YATES City Attorney City of Tifton, Georgia Filed in the Office of the Secretary of State August 16, 1988. CITY OF WARNER ROBINSDELINQUENT WATER BILLS. NO. 48-88 ORDINANCE AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF WARNER ROBINS, GEORGIA, AMENDING PART 5 OF THE WARNER ROBINS CITY CHARTER REGARDING COLLECTION OF DELINQUENT WATER BILLS. CITY OF WARNER ROBINS COUNTY OF HOUSTON STATE OF GEORGIA BE IT ORDAINED by the Mayor and Council of the City of Warner Robins, Georgia, that Part 5 of the Warner Robins City Charter be amended as follows: 1 A new Section to be designated as Section 5-109 shall be added to Chapter 1 of Part 5 of the Warner Robins City Charter

Page 5266

as follows: 5-109. Collection of Delinquent Water Bills. The Mayor and Council of Warner Robins may enforce the collection of delinquent charges for products and services such as water, sewerage, and sanitation services, by execution to be issued by the City Clerk against the owners of the premises and such other persons as may be liable therefore, when such rents and charges are due and remain unpaid for a period of twenty (20) days. The said execution shall become a lien upon the premises when recorded in the General Execution Docket of Houston County, Georgia, and shall be collected as a lien for city taxes. The Mayor may, at his discretion, cause the sales or services, to present or subsequent owners, to be discontinued until the unpaid rents or charges are paid, or take other steps that he considers necessary, to collect the delinquent charges or rents. 2 If any provisions of this amendment shall be held invalid, such invalidity shall not affect any of the other provisions which can be given effect without the invalid provision, and, to this end, the provisions of this amendment are declared to be severable. BE IT FURTHER ORDAINED that this amendment was properly advertised, was read at the regular meeting of the Mayor and Council on August 1, 1988, and shall become effective upon adoption this 15th day of August, 1988. CITY OF WARNER ROBINS, GEORGIA BY:/s/ RALPH JOHNSON MAYOR ATTEST: I certify this is a true and correct copy of the original

Page 5267

/s/ CLAYTON P. MAYS, CITY CLERK /s/ Clayton P. Mays AFFADAVIT OF PUBLICATION Houston County State of Georgia Personally appeared before me this day H. Thomas Reed, General Manager of The Daily Sun , 1553 Watson Boulevard, Warner Robins, Georgia 31093, who certifies that the attached legal notice was published in The Daily Sun , which has a general circulation in the Warner Robins area, on the following dates: Monday, July 25, 1988 August 1 and August 8, 1988 This 15th day of August, 1988. /s/ H. Thomas Reed General Manager The Daily Sun 1553 Watson Boulevard Warner Robins GA 31093 Sworn to and subscribed before me this 15th day of August, 1988. /s/ Judy Hubert Notary Public Houston County, Georgia MY COMMISSION EXPIRES FEB. 13, 1989 A Legals A-02 Public Notices PUBLIC NOTICE The City of Warner Robins, Georgia, pursuant to Official Code of Georgia Annotated 36-35-3, will, on August 15, 1988, enact an ordinance amending its City Charter regarding collection of delinquent water bills. The ordinance provides that the delinquent water bills shall become liens on the property and will be

Page 5268

collected as City taxes. A copy of the proposed amendment is on file in the Office of the City Clerk at 700 Watson Boulevard, Warner Robins, Georgia, and in the Office of the Clerk of Superior Court, Houston County Courthouse, 800 Carroll Street, Perry, Georgia. Both are available for public examination and inspection. The Recording Officer of the City will furnish anyone, upon written request, a copy of the proposed amendment. The City Of Warner Robins. Filed in the Office of the Secretary of State August 23, 1988. CITY OF AUGUSTAPENSION AND RETIREMENT FUNDS; INVESTMENTS. ORDINANCE NO. 5496 THIS IS AN ORDINANCE TO AMEND SECTION 71 OF THE CHARTER OF THE CITY OF AUGUSTA, GEORGIA LAWS 1798, PAGE 136, AND THE AMENDATORY ACT THEREOF: GEORGIA LAWS 1949, PAGE 1070, SAID SECTION TITLED ADMINISTRATION AND INVESTMENT OF GENERAL RETIREMENT FUND; PENSION FUND INVESTMENT COMMITTEE; APPLICATIONS FOR RETIREMENT OR RETURN OF CONTRIBUTIONS SO AS TO ALLOW THE CITY OF AUGUSTA TO INVEST UP TO FIVE (5%) PERCENT OF PENSION AND RETIREMENT FUNDS IN REAL ESTATE LOCATED IN THE STATE OF GEORGIA; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES: The CITY COUNCIL OF AUGUSTA, GEORGIA, hereby ordains: Section 1. That Section 71 of the Charter of the City of Augusta, Georgia, is hereby amended by adding to the end of the second paragraph thereof the following language, to-wit:

Page 5269

In addition thereto, the Investment Committee may invest up to five (5%) percent of said Pension and Retirement Funds in real estate located within the State of Georgia. Section 2. That this Ordinance shall be effective upon its being filed with the Secretary of State of Georgia and with the Clerk of Superior Court of Richmond County, Georgia, in accordance with O.C.G.A. 36-35-5. Section 3. That all ordinances and parts of ordinances in conflict herewith are hereby repealed. DONE IN OPEN COUNCIL under the common seal thereof, this 5th day of July, 1988. /s/ Charles A. DeVaney MAYOR, CITY OF AUGUSTA ATTEST: /s/ Rachel D. Brewer CLERK OF COUNCIL PUBLISHED: June 17 24, 1988; July 1 11, 1988; and July 28, 1988. CERTIFICATE I, RACHEL D. BREWER, Clerk of Council, hereby certify that the above and foregoing is a true and correct copy of Ordinance No. 5496, adopted by the City Council of Augusta, Georgia, in meeting on the 5th 18th day of July, 1988. /s/ Rachel D. Brewer CLERK OF COUNCIL AFFIDAVIT OF PUBLICATION ATTORNEY or AGENCY City Council of Augusta

Page 5270

BUSINESS ..... 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 June 17, 1988, June 24, 1988, July 1, 1988, 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 1st day of July, 1988. /s/ Beverly Smith Notary Public, Richmond County, Georgia My Commission Expires March 28, 1992 PUBLIC NOTICE Notice is hereby given that there shall be introduced before CITY COUNCIL OF AUGUSTA, GEORGIA, on Tuesday, July 5, 1988, and again on Monday, July 18, 1988, an ordinance to amend Section 71 of the Charter of the City of Augusta, Georgia, titled Administration and Investment of General Retirement Fund; Pension Fund Investment Committee; Application

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for Retirement or Return of Contributions, so as to allow the CITY COUNCIL OF AUGUSTA, GEORGIA to invest up to five (5%) percent of Pension and Retirement Funds in real estate located in the State of Georgia; 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 the City Council of Augusta, Georgia, for the purpose of public inspection and examination. Copies are available upon written request to the Clerk of the City Council of Augusta, Georgia. This 13th day of June, 1988. PAUL H. DUNBAR, III City Attorney 1500 First Union Bank Building Augusta, Georgia 30910 June 17, 24, July 1, 1988 AFFIDAVIT OF PUBLICATION ATTORNEY or AGENCY City Council of Augusta BUSINESS ..... 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

Page 5272

in the area adjacent thereto; That he/she has reviewed the regular editions of said newspapers published on July 11, 1988, 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 11th day of July, 1988. /s/ Beverly Smith Notary Public, Richmond County, Georgia My Commission Expires March 28, 1992. ORDINANCE NO. 5496 AN ORDINANCE TO AMEND SECTION 71 OF THE CHARTER OF THE CITY OF AUGUSTA, GEORGIA LAWS 1798, PAGE 136, AND THE AMENDATORY ACT THEREOF; GEORGIA LAWS 1949, PAGE 1070, SAID SECTION TITLED ADMINISTRATION AND INVESTMENT OF GENERAL RETIREMENT FUND; PENSION FUND INVESTMENT COMMITTEE; APPLICATIONS FOR RETIREMENT OR RETURN OF CONTRIBUTIONS: SO AS TO ALLOW THE CITY OF AUGUSTA TO INVEST UP TO FIVE (5%) PERCENT OF PENSION AND RETIREMENT FUNDS IN REAL ESTATE LOCATED IN THE STATE OF GEORGIA; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES. THE CITY COUNCIL OF AUGUSTA, GEORGIA HEREBY ORDAINS: DONE IN OPEN COUNCIL UNDER THE COMMON SEAL THEREOF, THIS 5TH DAY OF JULY, 1988. CHARLES A. DEVANEY MAYOR, CITY OF AUGUSTA

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ATTEST: RACHEL D. BREWER CLERK OF COUNCIL July 11, 1988 AFFIDAVIT OF PUBLICATION ATTORNEY or AGENCY City Council of Augusta BUSINESS ..... 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 July 28, 1988, 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 July, 1988. /s/ Beverly Smith Notary Public, Richmond County, Georgia

Page 5274

My Commission Expires March 28, 1992 ORDINANCE NO. 5496 AN ORDINANCE TO AMEND SECTION 71 OF THE CHARTER OF THE CITY OF AUGUSTA, GEORGIA LAWS 1798, PAGE 136, AND THE AMENDATORY ACT THEREOF; GEORGIA LAWS 1949, PAGE 1070, SAID SECTION TITLED ADMINISTRATION AND INVESTMENT OF GENERAL RETIREMENT FUND; PENSION FUND INVESTMENT COMMITTEE; APPLICATIONS FOR RETIREMENT OR RETURN OF CONTRIBUTIONS SO AS TO ALLOW THE CITY OF AUGUSTA TO INVEST UP TO FIVE (5%) PERCENT OF PENSION AND RETIREMENT FUNDS IN REAL ESTATE LOCATED IN THE STATE OF GEORGIA; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES. THE CITY COUNCIL OF AUGUSTA, GEORGIA HEREBY ORDAINS: DONE IN OPEN COUNCIL UNDER THE COMMON SEAL THEREOF, THIS 18 DAY OF JULY, 1988. CHARLES A. DEVANEY Mayor, City of Augusta ATTEST: RACHEL D. BREWER Clerk of Council July 28, 1988 Filed in the Office of the Secretary of State August 30, 1988.

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HOME RULE ORDINANCE CITY OF EAST POINT CITY COURT ORDINANCE NO._ 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) SO AS TO AMEND THE PROVISIONS RELATING TO THE OPERATION OF THE DEPARTMENT OF THE CITY COURT OF EAST POINT; 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 Section 93), 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

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amended by striking the provisions of Section 92 and Section 93 in their entirety and inserting in lieu thereof a new Section 92 and Section 93, which shall provide as follows: Section 92. (a) The department of the city court of East Point shall have as head thereof the chief judge of said court. Said department of the City of East Point shall consist of such other individuals and positions, including assistant judges, as may from time to time, be assigned thereto administratively by the mayor and council of the City of East Point. The department of the city court of East Point shall serve as the judicial branch of the City of East Point for the trial of all cases and violations of East Point ordinances and any and all other jurisdictions provided and allowed as a matter of law and as same may hereafter be amended. The department of the city court of East Point shall be permitted to fill such other court functions as may be assigned thereto by the city manager of the City of East Point. The chief judge, assistant city judges and judges emeritus shall not be considered classified employees of the City of East Point. Only full time administrative personnel that may be assigned to the department shall be considered classified employees of the department of city court of the City of East Point. (b) The recorder's court of said city shall be known as the `city court of East Point.' Said court shall be presided over by the recorder who shall be known as the `judge' of the city court of East Point. In the absence, disability or disqualification of the judge and while a vacancy in the office of judge exists, the mayor, mayor pro tem or any member of the city council of said city shall be clothed with all of the powers of the judge. The city council shall also have the power to appoint one or more assistant judges to assist the judge or to serve in his absence, disability or disqualification. Such assistant judge shall be an attorney at law who has been licensed to practice in the State of Georgia for a period of not less than four (4) years. The city council shall also have the power to appoint one or more positions of judge emeritus of the city court of East Point to assist the judge or to serve in his absence, disability or disqualification. Such judge emeritus shall be any previous chief judge of the city court of East Point designated by council to serve in an emeritus capacity

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by resolution duly adopted by the city council of the City of East Point, said emeritus judge to assist the judge or to serve in his absence, disability or disqualification. Such judge emeritus shall be clothed and vested with all authority of the judge of the city court of East Point or any of its assistant judges. The city court of East Point shall hold a session of court every Monday afternoon and from day to day thereafter if necessary, or at any and all other times deemed appropriate and so scheduled by the court. Section 93. The chief judge shall be an attorney at law having been licensed to practice in the State of Georgia for at least five (5) years. He shall have resided in said city for two (2) years next preceding his appointment. Before entering upon the duties of his office, he shall take an oath before some officer authorized to administer oaths that he will truly, faithfully and honestly discharge the duties of his office to the best of his skill and ability without fear, favor, affection, reward or the hope thereof and to do even justice between the city and the accused. This oath shall be entered on the minutes of the city council. Section 2 . The City Clerk of East Point, Georgia, is hereby directed to publish a notice containing a synopsis of this proposed ordinance in the official organ of Fulton County, Georgia, and in the official newspaper of the City of East Point once a week for three weeks within a period of sixty days immediately preceding the final adoption of this ordinance. Said City Clerk shall further file a copy of this proposed ordinance in the office of said clerk and in the office of the clerk of the Superior Court of Fulton County, Georgia, for the purpose of examination and inspection by the public. Said City Clerk is further directed to furnish anyone upon written request a copy of this proposed ordinance. Upon adoption of this ordinance by the City Council, the City Clerk is instructed within thirty days thereafter to furnish certified copies of this ordinance to the Secretary of State of the State of Georgia for enrollment in Georgia Laws thereafter. Section 3 . Severability. In the event any section, subsection, sentence, clause or phrase of this ordinance shall be declared invalid or unconstitutional, such adjudication shall in no

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manner effect 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, clauses or phrases so declared or adjudicated invalid or unconstitutional were not originally a part thereof. The City Council hereby declares that it would have passed the remaining parts of this ordinance or retained the previously existing provisions if it had known that such part or parts hereof would be declared or adjudicated invalid or unconstitutional. Section 4. All charter provisions, ordinances and parts of ordinances in conflict herewith are hereby expressly repealed. Section 5. This Ordinance shall become effective upon the date of the taking of office of those elected at the next regular municipal election held immediately following the date of adoption of this ordinance. Section 6. This Ordinance shall become effective on the 1st day of Aug., 1988, unless subsequently vetoed as provided by law. First Reading 7/18/88 Second Reading 8/1/88 This Ordinance having been properly considered and adopted by the City Council of the City of East Point, Georgia, same is hereby approved. This 1st day of August, 1988. /s/ Walter A. Ponder, Mayor Attest: /s/ Evelyne Reeves, City Clerk

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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 the Mutual Home Rule Ordinance adopted Aug. 1, 1988, 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 the 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. /s/ Evelyne Reeves Clerk, City of East Point (Deponent) Sworn to and subscribed before me this 5th day of August, 1988. /s/ Jo A. McNorton Notary Public, Fulton County, Georgia My Commission Expires Jan. 23, 1990

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STATE OF GEORGIA COUNTY OF FULTON AFFIDAVIT This affidavit will serve to certify that I have received from the Clerk of the City of East Point the Home Rule Ordinance Amendment regarding the East Point City Court. This 8th day of August, 1988. /s/ Estelle W. Roberts Superior Court of Fulton County Chief Deputy Clerk Sworn to and subscribed before me this 8th day of August, 1988. /s/ Paula W. Lancaster Notary Public, Fulton County, Georgia My Commission Expires Nov. 30, 1990 PUBLISHER'S AFFIDAVIT STATE OF GEORGIA,County of Fulton. Before me, the undersigned, a Notary Public, this day personally came Earl Higgins, who, being first 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 14, 21, 29 days of JULY, 1988, and on the days of , 19- As provided by law. /s/ Earl Higgins Subscribed and sworn to before me this 9 day of AUGUST, 1988

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NOTICE A Public Hearing will be held before the East Point City Council, Council Chamber, East Point Auditorium, East Point, Georgia on July 18th for First Reading and August 1st for Final Reading of Home Rule Ordinance to amend the provisions relating to the operation of the department of the City Court of East Point; to provide for an effective date; and to repeal conflicting laws and ordinances. Pursuant to the Municipal Home Rule Act of 1965, as amended, notice is hereby given that the Mayor and Council of the City of East Point propose to consider for adoption an Ordinance to amend an Ordinance adopted pursuant to the Municipal Home Rule Act of 1965 (Georgia Laws 1965, p. 298, et seq.) amending the Municipal Charter of the City of East Point, Georgia, approved August 19, 1912 (Georgia Laws 1912, p. 862, et seq.) and the several amendatory acts 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) so as to amend the provisions relating to the operation of the department of the City Court of East Point; to provide for compliance with the Municipal Home Rule Act of 1965; to provide for enrollment; to provided for severability; to provided 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 Courthouse, 136 Pryor Street, S.W., Atlanta, Fulton County, Georgia, for examination and inspection by the public. 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 the first time in the regular

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meeting of the Mayor and Council of the City of East Point on Monay July 18, 1988, and will be considered for final adoption at the regular meeting of the Mayor and Council of the City of East Point on Monday, August 1, 1988. EVELYNE K. REEVES City Clerk July 14 21 28 1988 Req.-2 PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF FULTON Before me, the undersigned a , this day personally came Earl Higgins, who, after being first duly sworn, according to law, says that he is the legal Adv Mgr of the Daily Report Co, publishers of the Fulton County Daily Report, official newspaper published in Atlanta, in said county and State, and that the publication, of which the attached is a true copy, was published in said paper on the 14, 21, and 28th days of July, 1988, and on the days of , as provided by law. /s/ Earl Higgins Sworn to and subscribed before me this 29th day of July, 1988. /s/ Dorothy G. Higgins Notary Public, Clayton County, Georgia My Commission Expires Jan. 14, 1991 NOTICE A PUBLIC HEARING WILL BE HELD BEFORE THE EAST POINT CITY COUNCIL, COUNCIL CHAMBER, EAST POINT AUDITORIUM, EAST POINT, GEORGIA ON JULY 18th for FIRST READING and AUGUST 1st for FINAL READING OF HOME RULE ORDINANCE to amend the provisions relating to the operation of the department of the City Court of East Point; to provide for an effective date; and to repeal

Page 5283

conflicting laws and ordinances. PUBLIC NOTICE Pursuant to the Municipal Home Rule Act of 1965, as amended, notice is hereby given that the Mayor and Council of the City of East Point propose to consider for adoption an Ordinance to amend an Ordinance adopted pursuant to the Municipal Home Rule Act of 1965 (Georgia Laws 1965, p. 298, et seq.) amending the Municipal Charter of the City of East Point, Georgia, approved August 19, 1912 (Georgia Laws 1912, p. 862, et seq.) and the several amendatory acts 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) so as to amend the provisions relating to the operation of the department of the City Court of East Point; 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 Courthouse, 136 Pryor Street, S.W., Atlanta, Fulton County, Georgia, for examination and inspection by the public. 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 the first time in the regular meeting of the Mayor and Council of the City of East Point on Monday July 18, 1988, and will be considered for final adoption at the regular meeting of the Mayor and Council of the City of East Point on Monday, August 1, 1988. Evelyne K. Reeves
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City Clerk 8034-7/14,7/21,7/28 PUBLISHER'S CERTIFICATE STATE OF GEORGIA COUNTY OF FULTON Personally appeared before the undersigned, a notary public within and for said county and State, GERALD W. CRANE, publisher of the THE SOUTHSIDE SUN a newspaper published at East Point, county of Fulton, State of Georgia, who, being duly sworn, states on oath that the report of CITY OF EAST POINT, a true copy of which is hereto annexed, was published in said newspaper in its issue of the day of July, 1988. /s/ Gerald W. Crane, Publisher (by) /s/ Pat L. Hinkle, Agent Acknowledgement of the publisher must be made before a notary public or other official authorized to administer oaths. Sworn to and subscribed before me this 3rd day of August, 1988. /s/ Dave Hamrick Notary Public. My commission expires March, 1991 (SEAL) Filed in the office of the Secretary of State September 9, 1988.

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CITY OF MACON MACON PENSIONS AND RETIREMENT SYSTEM; ELIGIBILITY. AN ORDINANCE OF THE CITY OF MACON AMENDING SECTION 2.1 OF ARTICLE II 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., SO AS TO ELIMINATE THE AGE REQUIREMENT FOR ELIGIBILITY UNDER THE PLAN; 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: Section 2.1 of Article II of the Macon, Pensions and Retirement System is hereby amended by deleting the phrase provided the employee has not reached his or her fifty-sixth birthday, so that said section reads as follows: ARTICLE II ELIGIBILITY AND PARTICIPATION 2.1 Eligibility . Each employee shall be eligible to participate in the Plan on the first day of the month coinciding with or next following the date of his or her employment with the employer.

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All other Charter provisions and ordinances of the City of Macon in conflict with the provisions of this ordinance are hereby repealed. SO ORDAINED this 16th day of August, 1988. /s/ Willie C. Hill President, City Council Pro Tem APPROVED this 18th day of August, 1988. /s/ William Lee Robinson Mayor SO ORDAINED this 6th day of Sep., 1988. /s/ David L. Carter President, City Council APPROVED this 9th day of September, 1988. /s/ William Lee Robinson Mayor City of Macon, Ga. I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City of Macon, held 8-16-88. Witness my hand and seal of the City of Macon this 8-17-88. /s/ Steven G. Durden Clerk of Council SUBMITTED TO MAYOR'S OFFICE August 17, 1988 RETURNED FROM MAYOR'S OFFICE August 19, 1988 City of Macon, Ga. I do hereby certify that the above and foregoing Ordinance was

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duly passed at the Regular Meeting of the Council of the City of Macon, held Sept. 6, 1988. Witness my hand and seal of the City of Macon this Sept. 7, 1988. /s/ Steven G. Durden Clerk of Council SUBMITTED TO MAYOR'S OFFICE September 8, 1988 RETURNED FROM MAYOR'S OFFICE September 12, 1988 I, Steven G. Durden, City Clerk, do hereby certify that the attached copy of City of Macon Ordinance #88-0028 amending the Macon Pensions and Retirement Systems to eliminate the age requirement for eligibility under the plan is a true and correct copy of the Ordinance on file in the City Clerk's Office, City Hall, Macon, Georgia. /s/ 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, JUDY SHERLING, WHO DEPOSES AND SAYS SHE 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; 08/13, 08/20, 08/27 /s/ Judy Sherling

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SWORN TO AND SUBSCRIBED BEFORE ME THIS 27 DAY OF AUGUST, 1988 /s/ Pamela S. McQueen NOTARY PUBLIC, BIBB COUNTY, GEORGIA MY COMMISSION EXPIRES SEPT. 4, 1990 CITY ATTORNEY CITY OF MACON P. O. BOX 247 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 eliminate the age requirement for eligibility under the Macon Pensions and Retirement System. Copies of the proposed amendment 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 8/13, 8/20, 8/27, 1988-15492 (19637) Filed in the Office of the Secretary of State September 20, 1988.

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CITY OF TOCCOA PURCHASES. CHARTER AMENDMENT Pursuant to O.C.G.A. Section 36-35-3 Section 10(b) the Charter of the City of Toccoa, Georgia is hereby amended to read as follows: (b) Purchases up to and including five thousand dollars (5,000.00) may be made by the City Manager and the Director of Finance. All purchases in excess of five thousand dollars (5,000.00) shall only be made upon prior approval by the Commission, and the Commission may require that any such purchases be made upon a bid basis. All purchases shall be made upon written requisition of the head of the department for which the article shall be used and shall be approved by the Director of Finance prior to any such purchases being made. Read and adopted pursuant to O.C.G.A. 36-35-3 this 13th day of June, 1988. City of Toccoa /s/ James A. Neal Mayor /s/ Josephine Gleason City Clerk GEORGIA, STEPHENS COUNTY. PERSONALLY appeared before the undersigned attesting officer, OTTO ROBERTS, Clerk of the Superior Court of Stephens County, Georgia, being the legal situs of the City of Toccoa, Georgia, who on oath, says that a copy of the foregoing Ordinance proposing to amend the Charter of the City of Toccoa, Georgia, was filed in his office on the 14th day of June, 1988, for the purpose of examination and inspection by the public. FURTHER DEPOSING, I SAY, under oath, that a copy of the foregoing Ordinance amending the Charter of the City of

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Toccoa, Georgia, properly certified to by the Clerk of the City of Toccoa, Georgia, with a copy of the required notice of publication attached thereto and an affidavit of a duly authorized representative of the newspaper in which said notice was published, to the effect that said notice has been published as provided by law, has been filed in this office on the 20th day of Sept., 1988. /s/ OTTO ROBERTS, CLERK STEPHENS COUNTY, GEORGIA Sworn to and subscribed before me this 20th day of September, 1988. /s/ Geraldine C. Jordan Notary Public, Georgia, State at Large My Commission Expires April 27, 1992 GEORGIA, STEPHENS COUNTY. AFFIDAVIT Published in the Toccoa Record on June 16, 1988, June 23, 1988 and June 30, 1988. PERSONALLY appeared before me, the undersigned attesting officer, CHARLES A. HAMILTON, who says that he is a duly authorized representative of the Toccoa Record and that the attached notice to amend the Charter of the City of Toccoa, pertaining to purchases of or in excess of Five Thousand($5,000.00)Dollars was published in the Toccoa Record on June 16, 1988, June 23, 1988, and June 30, 1988. THIS day of , 1988. /s/ CHARLES A. HAMILTON Sworn to and subscribed before me this 13th day of Sept., 1988. /s/ Carole A. Sweat NOTARY PUBLIC

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My Commission Expires October 28, 1991 NOTICE Proposed Charter Amendment The City Commission of the City of Toccoa, Georgia will consider at its regularly scheduled meetings on July 11, 1988 and July 25, 1988 an amendment to Section 10(b) of the Charter of the City of Toccoa which amendment shall require that purchases of or in excess of five thousand $(5000) dollars be approved by the City Commission. A copy of the proposed amendment is on file with the Clerk of Superior Court of Stephens County and with the City Clerk of Toccoa. Copies of the proposed amendment are available from the City Clerk. City of Toccoa John A. Dickerson City Attorney c24-26 1988 AN ORDINANCE TO AMEND PART 2, CHAPTER 3 OF THE CODE OF ORDINANCES OF THE CITY OF TOCCOA, GEORGIA. ORDINANCE WHEREAS, the City Commission of the City of Toccoa finds it necessary to establish guidelines for certain purchases of Five Thousand($5,000.00)Dollars or more made by the City of Toccoa; BE IT ORDAINED by the City Commission of the City of Toccoa, Georgia, and it is hereby ordained by authority of the same, that: Section 1 . Section 2-3-4 of the Code of Ordinances is hereby amended by adding the following section to read as follows: Purchases by the City of Toccoa in excess of $5,000.00 shall be made after receiving sealed bids or quotes which shall be opened at a regular or called meeting of the City Commission

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of the City of Toccoa. (1) For the purpose of this ordinance the City Manager or his designee shall notify vendors and suppliers of the item or items to be purchased and shall further furnish when appropriate bidding or quoting specifications. (2) The City Manager or his designee shall also be authorized to secure term bids or term quotes under this ordinance for materials or products which are regularly used. Term bids or quotes shall be for a period not to exceed three months. The supplier or vendor shall issue a term bid or term quote to furnish the requested material or product for the designated term. (3) In situations of emergency, which are defined as situations which would interrupt the normal operations of the City of Toccoa, the City Manager is authorized to purchase materials or products which exceed a value of Five Thousand($5,000.00)Dollars provided this purchase is ratified at the next regular or called meeting of the City Commission. Section 2 . All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. Section 3 . This Ordinance shall become effective on August 8, 1988. CITY OF TOCCOA, GEORGIA /s/ James A. Neal MAYOR ATTEST: /s/ JOSEPHINE GLEASON, CLERK READ FIRST TIME: July 25, 1988 READ SECOND TIME AND PASSED: August 8, 1988

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Filed in the Office of the Secretary of State October 3, 1988. CITY OF TOCCOA MAYOR; VICE-MAYOR; COMMISSIONERS; COMPENSATION. 1988AN ORDINANCE TO AMEND PART 2, CHAPTER 1 OF THE CODE OF ORDINANCES OF THE CITY OF TOCCOA, GEORGIA. ORDINANCE WHEREAS, the City Commission of the City of Toccoa finds it necessary to amend the Code of Ordinances of the City of Toccoa pertaining to compensation for the City Commissioners. BE IT ORDAINED by the City Commission of the City of Toccoa, Georgia, and it is hereby ordained by authority of the same, that: Section 1 . Section 2-1-4(A) of the Code of Ordinances is hereby amended to read as follows: The Mayor shall receive compensation for services to the City in the amount of $500.00 per month. The Vice-Mayor shall receive compensation for services to the City in the amount of $450.00 per month. Each Commission Member shall receive compensation for services to the City in the amount of $400.00 per month. Section 2 . All Ordinances and parts of Ordinances in conflict with this Ordinance are hereby repealed. Section 3 . This Ordinance shall become effective on January

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1, 1989. CITY OF TOCCOA, GEORGIA /s/ James A. Neal, MAYOR ATTEST: /s/ JOSEPHINE GLEASON, CLERK READ FIRST TIME: August 22, 1988 READ SECOND TIME AND PASSED: September 12, 1988 GEORGIA, STEPHENS COUNTY. PERSONALLY appeared before the undersigned attesting officer, OTTO ROBERTS, Clerk of the Superior Court of Stephens County, Georgia, being the legal situs of the City of Toccoa, Georgia, who on oath, says that a copy of the foregoing Ordinance proposing to amend the Charter of the City of Toccoa, Georgia, was filed in his office on the 12th day of July, 1988, for the purpose of examination and inspection by the public. FURTHER DEPOSING, I SAY, under oath, that a copy of the foregoing Ordinance amending the Charter of the City of Toccoa, Georgia, properly certified to by the Clerk of the City of Toccoa, Georgia, with a copy of the required notice of publication attached thereto and an affidavit of a duly authorized representative of the newspaper in which said notice was published, to the effect that said notice has been published as provided by law, has been filed in this office on the 20th day of Sept., 1988. /s/ OTTO ROBERTS, CLERK STEPHENS COUNTY, GEORGIA Sworn to and subscribed before me this 20th day of September, 1988.

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/s/ Geraldine C. Jordan, N.P. NOTARY PUBLIC Notary Public, Georgia, State at Large My Commission Expires April 27, 1992 GEORGIA, STEPHENS COUNTY. AFFIDAVIT Published in the Toccoa Record on July 14, 1988, July 21, 1988 and July 28, 1988. PERSONALLY appeared before me, the undersigned attesting officer, CHARLES A. HAMILTON, who says that he is a duly authorized representative of the Toccoa Record and that the attached notice to amend the Charter of the City of Toccoa, pertaining to compensation to the Mayor, Vice-Mayor and City Commissioners was published in the Toccoa Record on July 14, 1988, July 21, 1988, and July 28, 1988. This..... day of....., 1988. /s/ CHARLES A. HAMILTON Sworn to and subscribed before me this 13th day of Sept., 1988. /s/ Carole A. Sweat NOTARY PUBLIC My Commission Expires October 28, 1991 PUBLIC NOTICE Please take notice that the City Commission of the City of Toccoa will consider at its regularly scheduled meetings on August 8, 1988, and August 22, 1988, an amendment to its Code or Ordinances to provide for compensation for the Mayor, Vice-Mayor and the City Commissioners as set forth in Section VI of the Charter of the City of Toccoa. A copy of the proposed amendment is on file in the Office of the Clerk of the City Commission and a copy of the proposed amendment is on file in the Office of the Clerk of the Superior Court of Stephens County. A

Page 5296

copy of the proposed amendment shall be furnished by the City Clerk of the City Commission upon request. This 11th day of July, 1988. John A. Dickerson City Attorney City of Toccoa, Georgia C-28-30 Filed in the Office of the Secretary of State October 3, 1988. CITY OF GAINESVILLE ASSISTANT CITY MANAGER. HR. 88-02 AN ORDINANCE AN ORDINANCE TO AMEND SECTION 3.21 OF THE CHARTER LAWS OF THE CITY OF GAINESVILLE, GEORGIA TO PROVIDE FOR THE APPOINTMENT, SUSPENSION, REMOVAL, POWERS AND DUTIES OF AN ASSISTANT CITY MANAGER AS AUTHORIZED BY THE CHARTER OF THE CITY OF GAINESVILLE, GEORGIA AND THE 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. Filed in Clerk's Office 8-9-88 Published 8-11-88 Published 8-18-88 Published 8-25-88 First Reading 9-06-88 Passed 9-20-88 BE IT ORDAINED BY THE COMMISSION OF THE CITY OF GAINESVILLE, GEORGIA AS FOLLOWS:

Page 5297

SECTION I. Section 3.21 of the Charter of the City of Gainesville, Georgia is hereby amended to read as follows: Section 3.21. Duties and Powers. The manager shall devote all his working time and attention of the affairs of the City. He shall not be interested, directly or indirectly, in any business enterprise in the City, or in any contract with or sale to the city. With the exception of the city attorney, municipal court judge and department heads, the manager shall appoint, suspend and remove all employees of the city. He shall be responsible for the efficiency of each department of the city government. He shall have an office in the city hall complex. He shall have charge fo the purchase of all supplies and materials for the city. The manager shall submit to the commission for its consideration a budget of proposed expenditures for that year as prescribed in the budget ordinance, showing in as much detail as practicable the amounts allotted to each department of the city government and the reason for such estimated expenditures. No part of any amount allocated to any department shall be expended by the manager on account of any other department, except upon consent of the commission. The manager shall make a full written report to the commission each month showing the operations and expenditures of each department of the city government for the preceding month, and a synopsis of reports shall be published monthly by the city clerk in the official newspaper. All payments of city funds shall be made by warrants signed by the city treasurer and approved for payment by the manager. All such warrants shall be recorded by the city treasurer and issued to the person or persons in whose favor the warrant is drawn. The manager shall have the right to attend all meetings of the commission and to discuss with the commissioners all matters coming before the commission but shall have no vote thereon. The manager shall have the right to appoint, suspend and remove an assistant city manager who shall in the absence of the city manager and at such other times as may be designated by

Page 5298

the city manager of city commission, execute the powers and perform the duties of the city manager during his temporary absence or disability. 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. PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF HALL Before me, the undersigned, a Notary Public, this day came Cynthia Allen, 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 Section 3.21 of the Charter Laws of the City of Gainesville, Georgia to provide for the appointment, suspension, removal, powers and duties of an Assistant City Manager as authorized by the Charter of the City of Gainesville, Georgia and the Official Code of Georgia Section 36-35-3; to provide for a repealing clause; to provide for an effective date; and to provide for other purposes, was published once a week for three (3) weeks on the following days: Aug. 11

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Aug. 18 Aug. 25 THE TIMES /s/ Cynthia Allen Legal-Ad Visor Sworn to and subscribed before me this 31st day of August, 1988. /s/ Mary C. Gibbs Notary Public Notary Public, Hall County, Georgia My Commission Expires Dec. 11, 1989 (SEAL) 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 88-02 An ordinance to amend Section 3.21 of the Charter laws of the City of Gainesville, Georgia to provide for the appointment, suspension, removal, powers and duties of an Assistant City Manager as authorized by the Charter of the City of Gainesville, Georgia and the 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. #9174 Aug. 11,18,2 Filed in the Office of the Secretary of State October 3, 1988.

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CITY OF GAINESVILLE CITY HALL. HR 88-01 AN ORDINANCE AN ORDINANCE TO AMEND SECTION 2.31 OF THE CHARTER LAWS OF THE CITY OF GAINESVILLE, GEORGIA TO DEFINE THE WORDS CITY HALL TO INCLUDE THE CURRENT CITY HALL, THE JOINT CITY-COUNTY ADMINISTRATION BUILDING AND THE GEORGIA MOUNTAINS CENTER 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. Filed in Clerk's Office 7/19/88 Published 7/21/88 Published 7/28/88 Published 8/04/88 First Reading 8/23/88 Passed 9/06/88 BE IT ORDAINED BY THE COMMISSION OF THE CITY OF GAINESVILLE, GEORGIA AS FOLLOWS: SECTION I . Section 2.31 of the Charter of the City of Gainesville, Georgia is hereby amended by adding sub-paragraph (c) which shall read of follows: Section 2.31. Regular and Special Meetings. The words City Hall shall include the City Hall building located at 117 Church Street, the Joint City-County Administration Building located at 300 Green Street, and the Georgia Mountains Center located at 301 Main Street, in the City of Gainesville.

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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. PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF HALL Before me, the undersigned, a Notary Public, this day came Cynthia Allen, 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 and Marshall'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 Section 2.31 entitled Regular and Special Meetings of the Charter of the City of Gainesville, Georgia is to be amended to define the words City Hall was published once a week for three (3) weeks on the following dates: July 21 July 28 Aug. 4 THE TIMES /s/ Cynthia Allen Legal Ad-Visor

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Sworn to and subscribed before me this 31st day of August, 1988. /s/ Mary C. Gibbs Notary Public, Hall County, Georgia My Commission Expires Dec. 11, 1989 (SEAL) LEGAL NOTICE AN ORDINANCE No. 88-H.R. 01. An Ordinance to amend Section 2.31 of the Charter Laws of the City of Gainesville, Georgia to define the words `City Hall' to include the current City Hall, the Joint City-County Administration Building and the Georgia Mountains Center of the City of Gainesville, Georgia as authorized by the Charter of the City of Gainesville, Georgia and Official Code of Georgia Annotated 36-35-3; 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 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. #9080 July 21,28 Aug.4 Filed in the Office of the Secretary of State October 3, 1988. CITY OF REIDSVILLE COUNCIL; QUORUM; VOTING. WHEREAS, the MAYOR AND COUNCIL OF THE CITY OF REIDSVILLE, GEORGIA have the legislative power to amend the city charter pursuant to Official Code of Georgia Annotated Section 36-35-3; and,

Page 5303

WHEREAS, the MAYOR AND COUNCIL OF THE CITY OF REIDSVILLE, GEORGIA, deem it to be in the best interest of the orderly working of local government to amend the city charter in particulars relating to the number of councilmen required to be present to constitute a quorum for the transaction of business of the council and the method of voting; NOW THEREFORE, BE IT AND IT IS HEREBY RESOLVED, that the following amendment to Section 2.15 of the Charter of the City of Reidsville, Georgia to 1978, as amended, is hereby enacted. AMENDMENT TO THE CHARTER OF THE CITY OF REIDSVILLE, GEORGIA OF 1978, AS AMENDED, SO AS TO CHANGE CERTAIN PROVISIONS RELATING TO THE NUMBER OF COUNCILMEN NECESSARY TO CONSTITUTE A QUORUM; THE NUMBER OF AFFIRMATIVE VOTES REQUIRED FOR THE ADOPTION OF ANY ORDINANCE, RESOLUTION, OR MOTION; AND TO REPEAL CONFLICTING CHARTER PROVISIONS Section 1. The Charter of the City of Reidsville, Georgia of 1978 (Ga. Laws 1978, p. 373), as amended, is hereby amended by striking Section 2.15 thereof and inserting in its place a new Section 2.15 to read as follows: Section 2.15 Quorum: Voting . Three councilmen shall constitute a quorum and shall be authorized to transact business of the council. Voting on the adoption of ordinances shall be taken by voice vote and the ayes and nays shall be recorded in the Official Minutes, but any member of the council shall have the right to request a roll-call vote. The affirmative vote of a majority of councilmen present and voting shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this Charter. Section 2 . Any and all parts of the Charter of the City of Reidsville, Georgia of 1978, as amended, in conflict with this Amendment are hereby repealed.

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GEORGIA, TATTNALL COUNTY I hereby certify that the attached two (2) pages of typewritten material is a true copy of an amendment to the Charter of the City of Reidsville, Georgia, lowering the number of councilmen required to constitute a quorum, which was duly adopted by the Council of the City of Reidsville, Georgia, pursuant to O.C.G.A. 36-35-3 on February 8, 1988. This 27th day of September, 1988. /s/ Gloria W. Coleman, Clerk City of Reidsville, Georgia (Seal) October 3, 1988 I hereby certify that the attached amendment to the charter of the City of Reidsville, Georgia, received it's first reading on January 18, 1988 and received it's second reading and was duly adopted on February 8, 1988. The attached is a true and correct copy of the charter amendment. /s/ Gloria W. Coleman City Clerk City of Reidsville PUBLISHER'S AFFIDAVIT GEORGIA, TATTNALL COUNTY Comes now RUSSELL B. RHODEN who, after being duly sworn, deposes and states as follows: 1. I am the Editor and Publisher of The Tattnall Journal , a newspaper of general circulation published in Reidsville, Georgia. The Tattnall Journal is the official organ of Tattnall County, Georgia. 2. The attached Notice of Proposed Amendment to the Charter of the City of Reidsville, Georgia, was published in The

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Tattnall Journal as provided by law once a week for three (3) weeks, appearing January 21, 1988, January 28, 1988 and February 4, 1988. /s/ Russell B. Rhoden Sworn to and subscribed before me this 27th day of September, 1988. /s/ Mary Ann Swain Notary Public My Commission Expires Aug. 24, 1992 NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF REIDSVILLE, GEORGIA An amendment to the Charter of the City of Reidsville, Georgia has been proposed which will lower the number of councilmen necessary to constitute a quorum for the transaction of business from four (4) to three (3) and which will change the number of votes required for the adoption of any ordinance, resolution or motion from three (3) councilmen to a majority of those present and voting. A copy of the proposed amendment is on file in the office of the City Clerk, City Hall, Reidsville, Georgia, and in the office of the Clerk of the Superior Court of Tattnall County, Georgia, Tattnall County Courthouse, Reidsville, Georgia, for the purpose of examination and inspection by the public. The City Clerk will furnish a copy of the proposed amendment to anyone upon written request. Filed in the Office of the Secretary of State October 5, 1988.

Page 5306

CITY OF CORDELE COMMISSION; CONFLICTS OF INTEREST. ORDINANCE AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF CORDELE BY STRIKING SECTION 2.21 (GA.L. 1969, p. 3826) AND ENACTING A NEW SECTION 2.21, UNDER AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1965, AND IN PARTICULAR O.C.G.A. 36-35-3(b). The City Commission of the City of Cordele hereby ordains That the Charter of the City of Cordele is hereby amended by striking Section 2.21 and substituting in lieu thereof a new Section 2.21, to-wit: Section 2.21 Prohibitions . (a) Except as authorized by law, no member of the City Commission shall hold any other City office or City employment while serving as a City Commissioner. (b) Voting When Personally Interested . No member of the City Commission shall vote upon any question in which he is personally interested. This Ordinance has been adopted in compliance with O.C.G.A. 36-35-3(b)(1), and a copy of the published notice, together with an affidavit of a duly authorized representative of the newspaper in which the notice was published are attached hereto and expressly made a part hereof. Certified copies of this Ordinance have been filed with the Secretary of State and in the Office of the Clerk of the Superior Court of Crisp County. This Ordinance shall take effect and be in force immediately upon approval and signing by the Chairman of the City Commission as provided by Section 2.40, Charter of the City of Cordele, Georgia (Ga.L., 1969, pp. 3828, 3829).

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INTRODUCED AND READ at the regular meeting of the City Commission of the City of Cordele, Georgia, September 6, 1988. PASSED, APPROVED AND ADOPTED by the City Commission of the City of Cordele, Georgia, in regular session September 20, 1988. APPROVED BY: /s/ PERRY M. CULPEPPER, Chairman Date: 9-20-88 ATTEST: /s/ MARK MITCHELL, CITY CLERK [OFFICIAL SEAL] CERTIFICATION GEORGIA, CRISP COUNTY. This is to certify that the within Ordinance is a true and accurate copy of an Ordinance passed in final form by the City Commission of the City of Cordele, Georgia, on the 20th day of September, 1988, as the same appears upon the Official Records of the said City of Cordele, and that the said Ordinance is now, and has been since said date, in full force and effect. I further certify that I am the lawfully appointed Custodian of the said Official Records of the said City of Cordele. This the 5th day of October, 1988. /s/ Mark Mitchell CITY CLERK [OFFICIAL SEAL] PUBLISHER'S AFFIDAVIT GEORGIA, CRISP COUNTY. Personally appeared before the undersigned officer authorized

Page 5308

to administer oaths, Jack C. Mathews, who, being first duly sworn, deposes, and under oath says that he is the Publisher of The Cordele Dispatch, a newspaper of general circulation in Crisp County, and in which the Crisp County Sheriff's advertisements appear, and hereby certifies that the Notice shown as EXHIBIT A to this Affidavit, was published in said Newspaper on August 15, September 1, and September 8, 1988. /s/ Jack C. Mathews Affiant Sworn to and subscribed before me this 27th day of September, 1988. /s/ Kay B. Langford NOTARY PUBLIC My Commission Expires April 8, 1990 [NOTARY SEAL] EXHIBIT A NOTICE The City Commission of the City of Cordele proposes to amend the Charter of the City of Cordele in the following particulars: By deleting Section 2.21 of the Charter and enacting a new Section 2.21, the full text of which is: Section 2.221PROHIBITIONS. (a) Except as authorized by law, no member of the City Commission shall hold any other City office or City employment while serving as a City Commissioner. (b) VOTING WHEN PERSONALLY INTERESTED. No member of the City Commission shall vote upon any question in which he is personally interested. The final adoption of the Charter change will be at the regular meeting of the City Commission, Tuesday, September 20, 1988, at 6:30 p.m.

Page 5309

Copies of the proposed Amendment are on file in the Office of the Clerk of the City of Cordele and in the Office of the Clerk of the Superior Court of Crisp County for inspection and examination by any interested member of the public. This 16th day of August, 1988. CORDELE CITY COMMISSION PERRY M. CULPEPPER, CHAIRMAN August 25 September 1, 8 Filed in the Office of the Secretary of State October 11, 1988. THE CITY OF DALTON STREET IMPROVEMENT ORDINANCE OF 1987 CITY OF DALTON STREET IMPROVEMENTS. 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, ESPECIALLY GA L. 1962 p. 3215, SO AS TO CREATE AND ESTABLISH A COMPREHENSIVE STREET IMPROVEMENT PROGRAM IN THE CITY OF DALTON, TO PROVIDE FOR THE IMPROVEMENT OF CITY STREETS, AVENUES, DRIVES, ALLEYS AND OTHER PUBLIC PLACES IN THE CITY OF DALTON, AND TO IMPROVE THE SAME BY ENGINEERING, GRADING, DRAINING, PAVING, CURB AND GUTTERING, AND INSTALLING UTILITIES: TO PROVIDE FOR THE PROCEDURE FOR SUCH STREET IMPROVEMENTS, AND FOR MAKING AND COLLECTING OF ASSESSMENTS FOR SAME; TO PROVIDE FOR THE PAYMENT OF SUCH IMPROVEMENTS ENTIRELY BY THE ABUTTING AND

Page 5310

ADJACENT PROPERTY OWNERS ON THE BASIS OF TWENTY PERCENT (20%) YEARLY OF FIVE (5) YEARS; IT PROVIDE FOR THE ISSUANCE OF BONDS BY THE CITY OF DALTON BY ITS MAYOR AND COUNCIL TO BE KNOWN AS STREET IMPROVEMENT BONDS AND TO PROVIDE FOR THE REPAYMENT OF SAME. 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 Street Improvement Ordinance of 1987. SECTION II Be it enacted by the Mayor and Council of the City of Dalton, and it is hereby enacted by authority of the same, that from and after the passage of this Act, the several Acts heretofore passed by the Legislature creating a charter for the City of Dalton, Georgia, and the several Acts amendatory thereof are hereby amended as follows. SECTION III Be it further enacted that said City of Dalton, by its mayor and council, is hereby authorized and empowered to establish and change the grade of any streets, drives, avenues, alleys, and other public places in the City of Dalton and to improve the same by engineering, grading, draining, paving, curb and guttering, and installing utilities in the same whenever in its judgment the public convenience and welfare may require such improvements subject only to the limitations described in this Act. SECTION IV Be it further enacted by the authority aforesaid, that if the owners of all of the front feet of the land liable to assessment for any

Page 5311

such improvement shall petition the City of Dalton for such improvement of any street or part of street, alley, drive, or avenue, or other public place described in such petition, the character of the improvement desired, the width of the same and the materials preferred by petitioners for such improvement, and the mayor and council shall determine said street improvements to be in the public interest, it shall thereupon be the duty of said City of Dalton by its mayor and council to promptly cause the said improvements to be made in accordance with the prayer of said petition. Provided, however, that two or more streets may be treated as one street, and the improvement thereof, as in this Act provided, shall constitute one project and shall be dealt with accordingly as to resolutions, ordinance or petition of property owners or other proceedings. SECTION V Be it further enacted by the authority aforesaid, that the lots, pieces, or parcels of land fronting and abutting upon both sides of said improvement shall be charged with the cost thereof, and each property owner to pay his pro rata portion of the entire cost on his particular street or streets improvement in one project according to the linear frontage of the property owned by each property owner on the portion of the streets improved. SECTION VI Be it further enacted by the authority aforesaid, that whenever the petition provided for in Section IV of this Act is presented, the said City of Dalton, by its mayor and council, shall then have the power to enact all ordinances and to establish all such rules and regulations as may be necessary to require the owners of all property subject to assessment to pay the entire cost of such improvement, and to cause to be put in and constructed all water, gas or sewer pipe in and underneath the streets, drives, avenues, alleys and all other public places where such public improvements are to be made, and all cost and expense for making such connection shall be taxed against such property and shall be included and made a part of the general assessment to cover the cost of such improvements.

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SECTION VII Be it further enacted by the authority aforesaid, that the said City of Dalton, by its mayor and council, shall adopt a resolution expressing the determination of said city to proceed with the improvement, stating the material to be used and the manner of construction and defining the extent, character and width of improvement, and other such matters as may be necessary to instruct the agent or engineer of said city in the performance of his duties in preparing for such improvements the necessary plans, plats, profiles, specifications and estimates. Said resolution shall set forth any such reasonable terms and conditions as said City of Dalton shall deem proper to impose with reference to letting the contract and the provisions therefor, and the said city shall by said resolutions provide that the contractor shall execute to the city a good and sufficient bond in an amount to be stated in such resolution, conditioned for the full and faithful performance of the work and the performance of the contract, and for the protection of the city and all property owners interested against any loss or damage by reason of the negligence or improper execution of the work, and may require a bond in an amount to be stated in such resolution for the maintenance of good condition of such improvement for a period of not less than one year from the time of its completion, or both, in the discretion of the city. SECTION VIII Be it further enacted, that as soon as the contract or contracts are awarded and the cost of such improvements, which shall include all other expenses incurred by the city incident to such improvements in addition to the contract price for the work and materials, is ascertained, the said City of Dalton, by its mayor and council, shall by resolution, appoint a board of appraisers to appraise and apportion the cost and expense of the same to several tracts of land abutting on such improvement. Within ten days from the date of the resolution appointing said board, the said board shall file a written report of the appraisal and assessment and apportionment of such expense and cost to the several lots and tracts of land abutting on such street, streets, alleys, avenue, or other public place so improved, with the clerk of said city. When said report shall have been returned and filed, the

Page 5313

city shall appoint a time for the holding of a session of a mayor and council, or shall designate a regular meeting of its mayor and council for the hearing of any complaints or objections that may be made concerning the said appraisement, apportionment and assessment as to any such lots or tracts of land abutting on said improvement, and notice of such session for the said hearing shall be published by the clerk of said city at least once a week for two consecutive weeks in a daily or weekly newspaper having a general circulation in said city, and said notice shall provide for an inspection of such return by any property owner or other party interested in such return. The time fixed for said hearings shall not be less than five nor more than ten days from the last publication. The said mayor and council at said session shall have power to review and correct said appraisement, apportionment and assessment and to hear objections to the same and to confirm the same either as made by said board or as corrected by said mayor and council. Assessments in conformity to said appraisement and apportionment as confirmed by said mayor and council shall be payable in five (5) equal installments, and shall bear interest until paid, payable, in each year at such time as the several installments of the assessments are made payable each year. The said mayor and council shall by ordinance levy assessments in accordance with the said appraisement and apportionment as so confirmed against the several tracts of land liable therefore, and shall cause said appraisement and apportionment to be recorded on the mortgage records of Whitfield County duly certified as correct by the clerk of council; and when so recorded, the charges assessed against the various parcels of land shall become a first lien thereon, superior to all other liens except those to the State of Georgia, the County of Whitfield, and the City of Dalton. SECTION IX Be it further enacted by the authority of aforesaid, that the first installment of said assessments, together with interest to that date upon the whole shall be due and payable, one year from the date of the ordinance levying assessments, and one installment with the yearly interest upon the amounts remaining unpaid shall be payable on the anniversary date of assessment ordinance in each succeeding year until all shall be paid. Said ordinance shall also provide that the owners of the property so

Page 5314

assessed shall have the privilege of paying the amounts of their respective assessment together with all interests due at any time and relieve their property from the lien of said assessment, which money shall be paid to the City of Dalton. SECTION X Be it further enacted by the authority aforesaid, that such special assessment and each installment therefore and the interest thereon are hereby declared to be a lien against the lots and tracts of land so assessed from the date of the ordinance levying the same co-equal with the lien of other taxes and prior to and superior to all other liens against such lots or tracts, and such liens shall continue until such assessment and interest thereon shall be fully paid, but unmatured installments shall not be deemed to be within the terms of any general covenant or warranty. SECTION XI Be it further enacted by the authority aforesaid, that the said City of Dalton, by its mayor and council, after the passage of said ordinance confirming and levying said assessments shall by resolution provide for the issuance of bonds in the aggregate amount of such assessment, bearing date fifteen (15) days after the passage of the ordinance levying the said assessments, and of such denominations as the said City of Dalton, by its mayor and council, shall determine which bond or bonds shall in no event become a liability of the City of Dalton, or its mayor and council issuing same. One-fifth in amount of any such series of bond with the interest upon the whole series to that date shall be payable yearly from the anniversary of the assessment date next succeeding the maturity of the first installment of the assessments, and interest, and one-fifth thereof with the yearly interest upon the whole amount remaining unpaid shall be payable on the said anniversary date from their date until maturity, payable annually and shall be designated as Street Improvement Bond, and shall on the face thereof recite the street or streets, part of street or streets or other public places for the improvement of which they have been issued and that are payable solely from assessments which have been levied upon the lots and tracts of land benefited by said improvements under authority

Page 5315

of this Act. Said bonds shall be signed by the City of Dalton, by the mayor, and attested by the clerk of council, and shall have the impression of the corporate seal of such city thereon and all bonds issued by authority of this Act shall be payable to bearer at such place either within or without the State of Georgia as shall be designated by said mayor and council. Said bonds shall be sold at not less than par, and the proceeds thereof applied to the payment of the contract price and other expenses by the said mayor and council. Said bonds may be registered by the said clerk of council in a book to be provided for that purpose and certificates of registration by clerk of said city shall be indorsed upon each of said bond. SECTION XII Be it further enacted by the authority aforesaid, that the assessments provided for and levied under the provisions of this Act shall be payable by the persons owning the said lots or tracts of land as the several installments become due, together with the interest thereon, to the City of Dalton, who shall give their proper receipt for such payment. It shall be the duty of the clerk of council to keep an accurate account of all such collections made and such collections shall be kept in a special fund to be used and applied for the payment of such bonds and the interest thereon and for no other purpose. SECTION XIV Be it further enacted, that all laws and parts of laws conflicting herewith be and the same are hereby repealed. GEORGIA, WHITFIELD COUNTY AFFIDAVIT I, Faye L. Martin, do hereby certify that I am the duly appointed Clerk of the City of Dalton, Georgia, a municipal corporation and corporate body politic of the State of Georgia, and that as such I am the keeper of the seal, minutes, records and 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

Page 5316

in my office, read the first time in a regular meeting of the Mayor and Council of the City of Dalton on August 3, 1987, and finally adopted at a regular meeting of the Mayor and Council of the City of Dalton on August 17, 1987 as the same appears in the records of the office of the City Clerk of Dalton, Georgia. IN WITNESS WHEREOF, I have hereunto affixed my official signature and the corporate seal of the City. This 7th day of October, 1988. /s/ Faye L. Martin FAYE L. MARTIN City Clerk (CORPORATE SEAL) NOTICE OF PROPOSED AMENDMENT TO CHARTER OF THE CITY OF DALTON Notice is hereby given that an Ordinance has been introduced 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, especially Ga. L. 1962, p. 3215, so as to create and establish a comprehensive street improvement program in the City of Dalton; to provide for the improvement of City streets, avenues, drives, alleys and other public places in the City of Dalton, and to improve the same by engineering, grading, draining, paving, curb and guttering and installing utilities; to provide for the procedure for such street improvements, and for making and collecting of assessments for same; to provide for the payment of such improvements entirely by the abutting and adjacent property owners on the basis of twenty (20%) percent yearly of five (5) years; to provide for the issuance of bonds by the City of Dalton by its Mayor and Council to be known as Street improvement Bonds; and to provide for the repayment of same; to repeal conflicting laws and ordinances; and for other purposes. A synopsis of the proposed Ordinance is as follows: The Ordinance will be known as The City of Dalton Street Ordinance of 1987. The Act provides that the City of Dalton,

Page 5317

by its Mayor and Council is authorized and empowered to establish and change the grade of any streets, drives, avenues, alleys, and other public places in the City of Dalton and to improve the same by engineering, grading, draining, paving, curb and guttering, the installing utilities in the same whenever in its judgment the public convenience and welfare may require such improvements subject only to limitations described in the Ordinance. The Ordinance provides that if the owners of all of the front feet of the land liable to assessment for any such improvements shall petition the City of Dalton for such improvement of any street or part of street, ally, drive, or avenue, or other public place described in the petition, the character of the improvement desired, the width of the same and the materials preferred by the petitioner for such improvement, and the Mayor and the Council determine that the street improvements would be in the public interest, it would then be the duty of the City of Dalton, by its Mayor and Council to promptly cause the improvements to be made in accordance with the petition. The Ordinance provides however that two or more streets may be treated as one street, and the improvement shall constitute one project and shall be dealt with accordingly as to resolutions, ordinance or petition of property owners or other proceedings. The lots, pieces or parcels of land fronting and abutting upon both sides of any improvement shall be charged with the cost thereof, and each property owner shall pay his pro rata portion of the entire cost on his particular street or streets improvement in one project according to the linear frontage of the property owned by each property owner on the portion of the streets improved. Whenever the petition is presented by the property owners, the Mayor and Council shall have the power to enact all Ordinances and to establish all such rules and regulations as may be necessary to require the owners of all property subject to the assessment to pay the entire cost of any improvements, and to cause to be put in and constructed all water, gas or sewer pipe in and underneath the streets, drives, avenues, alleys, and all other public places where such public improvements are to be made and all costs and expenses for making such connection shall be taxed

Page 5318

against the property and shall be included and made a part of the general assessment to cover the cost of the improvements. After presentation of the petition by the property owners, the Mayor and Council shall adopt a resolution expressing the determination of the City to proceed with the improvement, stating the material to be used in the manner of construction, and defining the extent, character and width of the improvement, and any other matters as may be necessary to instruct the agent or engineer of the City in the performance of his duties and preparing for such improvements. The resolution shall set forth any such reasonable terms and conditions as the City shall deem proper to impose with reference to letting the contract and the provisions therefor and the City shall by resolution provide that the contractor shall execute to the City a good and sufficient bond in an amount to be stated in the resolution, conditioned for the full and faithful performance of the work and the performance of the contract, and for the protection of the City and all property owners interested against any loss or damage by reason of the negligence or improper execution of the work, and may require a bond in an amount to be stated in such resolution for the maintenance of good condition of such improvement for a period of not less than one (1) year from the time of its completion, or both, in the discretion of the City. As soon as the contract or contracts are awarded and the cost of the improvements, which shall include all other expenses incurred by the City incident to such improvements in addition to the contract price of the work and materials, is ascertained, the Mayor and Council, shall by resolution, appoint a Board of Appraisers to appraise and apportion the cost and expense of the improvement to the several tracts of land abutting on such improvement. Within ten (10) days from the date of the resolution appointing the Board, the Board shall file a written report of the appraisal of the assessment and apportionment of such expense and cost to the several lots and tracts of land abutting on such street, alley, avenue or other public place so improved, with the Clerk of the City. When the report has been returned and filed, the City shall appoint a time for the holding of the session of the Mayor

Page 5319

and Council, or shall designate a regular meeting of the Mayor and Council for the hearing of any complaints or objections that may be made concerning the appraisement, apportionment, and assessments as to any such lots or tracts of land abutting on the improvement, and notice of such session for the hearing shall be published by the City Clerk at least once a week for two (2) consecutive weeks in the daily newspaper, and the notice shall provide for an inspection of such return by any property owner or other party interested in the return. The time fixed for hearing shall not be less than five (5) nor more than (10) days from the last publication. The Mayor and Council at said session shall have the power to review and correct the appraisement, apportionment and assessment and to hear objections to it and to confirm the same either as made by the Board or as corrected by the Mayor and Council. Assessments in conformity to said appraisement and apportionment as confirmed by the Mayor and Council shall be payable in five (5) equal installments, and shall bear interest until paid, payable in each year at such time as the several installments of the assessments are made payable each year. The Mayor and Council shall by ordinance levy assessments in accordance with the appraisement and apportionment as so confirmed against the several tracts of land liable therefore, and shall cause the appraisement and apportionment to be recorded on the deed records of Whitfield County duly certified as correct by the Clerk of the Council; and when so recorded, the charges assessed against the various parcels of land shall become a first lien thereon, superior to all other liens except those to the State of Georgia, County of Whitfield and City of Dalton. Such liens shall continue until such assessment and interest thereof shall be fully paid, abut unmatured installments shall not be deemed to be within the terms of any general covenant or warranty. The first installments of the assessments, together with interest to that date upon the whole shall be due and payable, one (1) year from the date of the Ordinance levying assessments, and one (1) installment with the yearly interest upon the amounts remaining unpaid shall be payable on the anniversary date of assessment Ordinance and each succeeding year until all shall be paid. The Ordinance shall also provide

Page 5320

that the owners of the property so assessed shall have the privilege of paying the amounts of their respective assessment together with all interest due at any time, and relieve their property from the lien of the assessment, which money shall be paid to the City of Dalton. After the passage of the Ordinance confirming and levying the assessments, the City of Dalton, by its Mayor and Council shall by resolution provide for the issuance of bonds in the aggregate amount of such assessment, bearing date fifteen (15) days after the passage of the ordinance levying the assessments, and of such denominations as the City shall determine which bond or bonds shall in no event become a liability of the City of Dalton, or its Mayor or Council issuing them. One-fifth (1/5) of any amount of any such series of bond with the interest upon the whole series to that date shall be payable yearly from the anniversary of the assessment date next succeeding the maturity of the first installment of the assessments, and interest, and one-fifth (1/5) thereof with the yearly interest upon the whole amount remaining unpaid shall be payable on the said anniversary date from their date until maturity, payable annually and shall be designated as Street Improvement Bond, and shall on the face thereof recite the street or streets, part of street or streets or other public places for the improvement of which they have been issued and that are payable solely from assessments which have been levied upon the lots and tracts of land benefited by the improvements under the authority of the act. The bond shall be signed by the City of Dalton, by the Mayor and attested by the Clerk of Council, and shall have the impression of the corporate seal of the City thereon, and all bonds issued by the authority of this act shall be payable to bearer in such place, either within or without the State of Georgia and shall be designated by the Mayor and Council. The bond shall be sold at not less than par, and the proceeds thereof applied to the payment of the contract price and other expenses by the Mayor and Council. The bonds may be registered by the Clerk of Council and a book to be provided for that purpose and Certificates of Registration by the Clerk of the City shall be endorsed upon each bond. It will be the duty of the Clerk of Council to keep an adequate

Page 5321

account of all such collections of assessments and such collections shall be kept in a special fund to be used and applied for the payment of such bonds and for the interest thereon and for no other purpose. The act provides that all laws and parts of laws conflicting therewith will be and the same are repealed. A copy of the proposed amendment to the Charter of the City of Dalton establishing the City of Dalton Street Improvement Ordinance of 1987 is on file at the Office of the City Clerk of the City of Dalton and in the Office 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 meetings to be held on July 20, 1987 and on August 3, 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 15th day of July, 1987. /s/ JIMMY L. YOUNG, MAYOR CITY OF DALTON, GEORGIA GEORGIA, WHITFIELD COUNTY AFFIDAVIT OF PUBLISHER Personally appeared before the undersigned attesting officer duly authorized to administer oaths, 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 legal advertisement that was published on July 24, 1987, July 31, 1987 and August 7, 1987 in the Daily Citizen News , which was and remains the official organ of Whitfield County, Georgia. This 7th day of October, 1988.

Page 5322

/s/ Stanley Warren STANLEY WARREN, PUBLISHER Sworn to and subscribed before me this 7th day of October, 1988. /s/ Marsha Cross NOTARY PUBLIC Notary Public, Whitfield County, Georgia My Commission Expires April 11, 1988 (NOTARIAL SEAL) Filed in the Office of the Secretary of State October 13, 1988. CITY OF WAYCROSS MUNICIPAL COURT; BONDS. 88-34 AN ORDINANCE ADOPTED UNDER THE PROVISIONS OF THE MUNICIPAL HOME RULE ACT OF 1965, AS AMENDED (O.C.G.A. SECTION 36-35-1, ET. SEQ.) AMENDING THE CHARTER OF THE CITY OF WAYCROSS; TO AMEND SECTION 59 POLICE COURT OF THE CHARTER OF THE CITY OF WAYCROSS BY ADDING A NEW SUBSECTION 6; TO PROVIDE THAT WARE COUNTY RESIDENTS WHO LIVE OUTSIDE OF THE CITY OF WAYCROSS SHALL NOT BE PROHIBITED FROM GIVING A PROPERTY BOND IN THE RECORDER'S COURT (MUNICIPAL COURT) OF THE CITY OF WAYCROSS, GEORGIA; TO PROVIDE FOR AN EFFECTIVE DATE; TO PROVIDE FOR REPEAL OF CONFLICTING ORDINANCE AND CHARTER PROVISIONS; AND FOR OTHER PURPOSES BE IT ORDAINED by the Commission of the City of Waycross,

Page 5323

and it is hereby ordained by the authority of the same as follows: Section 1. Section 59 Police Court of the Charter of the City of Waycross, Georgia is hereby amended by adding a new Subsection 6, Parts A and B, as follows: 6 A. No resident of Ware County, Georgia, who is not a resident of the City of Waycross, Georgia, shall be prohibited from giving a property bond, solely on the basis of residency, for the appearance (in the Recorder's Court (Municipal Court) of the City of Waycross) of a person who is charged with an offense against the laws or ordinances of the City of Waycross. The means and method for giving bond, forfeiture of bond, execution and judgment thereon shall be established by the Code of the City of Waycross, Georgia, the ordinances and laws applicable to the City of Waycross, Georgia. Any such existing means and method in said Code, ordinances, as well as any amendments thereto, and laws shall apply to property bonds under this Subsection 6. 6 B. If Ware County residents who are not residents of the City of Waycross give bond for a person or persons to appear in the Recorder's Court (Municipal Court) of the City of Waycross, and if such person shall fail to appear at the time appointed in said bond, then and in such event said bond shall be forfeited and the amount of same collected from the principal and his sureties as established by the ordinances and laws of the City of Waycross, Georgia and general laws of the State of Georgia applicable to said Court. Any ordinances and laws in effect at the time this ordinance is adopted, as well as any amendments that may be adopted from time to time, shall apply to persons and bonds which are given by Ware County residents who are non-residents of the City of Waycross. Section 2. This ordinance and Charter amendment shall become effective immediately upon its adoption by the Commission of the City of Waycross 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 and parts of ordinances and all

Page 5324

charter provisions and parts of charter provisions in conflict herewith are hereby repealed. This the 18th day of October, 1988. CITY OF WAYCROSS, GEORGIA BY: /s/ Coris Myles Mayor ATTEST: /s/ Jerry L. Grimes City Clerk READ FIRST TIME 10-4-88 READ SECOND TIME AND APPROVED 10-18-88 GEORGIA, WARE COUNTY Personally appeared before the undersigned, duly authorized by law to administer oaths, JERRY L. GRIMES, who being duly sworn on oath, deposes and says. 1. That he is the City Clerk of the City of Waycross, Georgia and has held such position at all times pertinent hereto. 2. That attached hereto is a true and correct copy of the Ordinance amending the City Charter of the City of Waycross (hereinafter referred to as Charter Amendment) which Charter Amendment was adopted by the Commission of the City of Waycross by reading and approving the same in accordance with the Charter and Code of the City of Waycross at two regular meetings; the first was held on October 4, 1988 and the second was held on October 18, 1988. 3. That the undersigned hereby certifies that the attached copy of the Charter Amendment is a true and correct copy of the Charter Amendment adopted pursuant to readings held on October 4, 1988 and October 18, 1988.

Page 5325

4. That a copy of the notice was published in the Waycross Journal Herald on October 1, 1988, October 8, 1988, and October 15, 1988. A copy of said Charter Amendment was on file in the Office of the City Clerk at City Hall, 417 Pendleton Street, Waycross, Georgia and available for inspection and copying during normal business hours commencing on September 28, 1988 through and including the date of final approval on October 18, 1988. 5. That a copy was on file in the (a) Office of the Clerk of Ware Superior Court, and (b) the Office of Pierce Superior Court in accordance with the provisions of O.C.G.A. Section 36-35-3. /s/ Jerry L. Grimes JERRY L. GRIMES, CITY CLERK Sworn to and subscribed before me this the 24 day of October, 1988. /s/ Laverne Lovett Notary Public, Ware County, Georgia Expires Jan. 20, 1990 NOTICE Notice is given that there has been filed with the Clerk of the City of Waycross, Georgia, a Home Rule Ordinance proposing to amend the Charter of the City of Waycross so as to provide that, solely because of their place of residence, Ware County residents who are not residents of the City of Waycross are not prohibited from giving bond for the appearance of persons in the Recorder's Court (Municipal Court) of the City of Waycross, and for other purposes. A copy of said Ordinance is on file in the Office of the Clerk of the City of Waycross, Georgia, a copy thereof is also on file in the office of the Clerk of Superior Court of Ware County, Georgia, and a copy of said ordinance is also on file in the office of the Clerk of Superior Court of Pierce County, Georgia are such

Page 5326

ordinance is available at any of said places for the purpose of examination or inspection by the public. CITY OF WAYCROSS By: NEAL L. CONNER, JR. CITY ATTORNEY 10-1-3Sats. GEORGIA, WARE COUNTY AFFIDAVIT OF PUBLISHER Personally appeared before the undersigned, an officer authorized to administer oaths in said State and County, Roger Williams who being duly sworn, states that (s)he is legal advertisements manager for the Waycross Journal Herald, a daily newspaper of general circulation in the City of Waycross, Georgia and the paper in which the Sheriff's advertisements for Ware County, Georgia are published, and that the legal notice, a copy of which is annexed hereto, was published in the Waycross Journal Herald, once a week for three weeks on the following dates: October 1, 1988 October 8, 1988 October 15, 1988 /s/ Roger Williams Sworn to and subscribed before me this the 21st day of October, 1988. /s/ Ryvanna R. Mock Notary Public, Ware County, Ga. Filed in the Office of the Secretary of State October 27, 1988.

Page 5327

CITY OF NEWNAN MUNICIPAL COURT; JUDGES; QUALIFICATIONS. AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF NEWNAN BY AMENDING ARTICLE IV SEC. 4.2(b), SO AS TO CHANGE THE QUALIFICATIONS OF MUNICIPAL COURT JUDGES OF THE MUNICIPAL COURT AND FOR OTHER PURPOSES: BE IT ORDAINED and it is hereby ordained by the Mayor and Council of the City of Newnan and Georgia Code Section 69-1017 (O.C.G.A. 36-35-3); Ga. Laws 1965, Pages 298 et seq.); Ga. Laws 1966, Pages 295 et seq.; Ga. Laws 1976, Pages 1429 et seq.) that paragraph (b) of Sec. 4.2 of the Charter of the City of Newnan be and is hereby repealed in its entirety and a new paragraph (b) of Sec. 4.2 is hereby added to the Charter of the City of Newnan to read as follows: Sec. 4.2. Chief Judge, Associate Judge (b) No person shall be qualified or eligible to serve as a judge of the Municipal Court unless that person is twenty-one (21) years old. The Chief Judge shall be a member of the State Bar of Georgia. All judges shall be appointed by the City Council. BE IT FURTHER ORDAINED, that all Charter provisions in conflict herewith are hereby repealed. BE IT FURTHER ORDAINED, that the effective date of this Ordinance Amending the Charter of the City of Newnan be November 1, 1988. ADOPTED in open session for the first time by the Mayor and Council of the City of Newnan, this 10th day of October, 1988. /s/ Peggy Dewberry City Clerk /s/ Clifford B. Glover Mayor Review: /s/ Ed Long Councilman /s/ C. David Robinson Acting City Manager /s/ Billy A. Abraham Councilman /s/ C. Bradford Sears, Jr. City Attorney /s/ Daniel D. Sanders Councilman /s/ John P. Goodrum, Jr. Councilman /s/ Willie J. Lynch, Sr. Councilman /s/ Alvin E. Johnston Councilman Adopted in open session for the second time by the Mayor and Council of the City of Newnan, this 24th day of October, 1988. /s/ Peggy Dewberry City Clerk /s/ Clifford B. Glover Mayor Reviewed: /s/ Ed Long Councilman /s/ C. David Robinson Acting City Manager /s/ Billy A. Abraham Councilman /s/ C. Bradford Sears, Jr. City Attorney /s/ Daniel D. Sanders Councilman /s/ John P. Goodrum, Jr. Councilman /s/ Willie J. Lynch, Sr.

Page 5328

Councilman /s/ Alvin E. Johnston Councilman

Page 5329

CLERK'S CERTIFICATION I hereby certify that the attached is a true and exact copy of the Ordinance to Amend the Charter of the City of Newnan adopted by the City Council in regular session on first reading on the 10th day of October, 1988 and the second reading on the 25th day of October, 1988. /s/ Peggy Dewberry Peggy Dewberry City Clerk GEORGIA COWETA COUNTY Personally appeared before the undersigned office authorized to administer oaths, W. W. Thomasson, who, after being duly sworn on oath, deposes and states that he is the published of the Newnan Times-Herald, which is the official organ of Coweta County, and that the following notice to amend the Charter of the City of Newnan was published in the Newnan Times-Herald on the following dates: September 22, 1988; September 29, 1988; and October 6, 1988. Notice is hereby given that a proposed amendment to the Charter the City of Newnan will be considered by the Mayor and Council of the City of Newnan, which will amend the Charter of the City of Newnan and amend ARTICLE IV. Municipal Court. Sec. 4.2(b) so as to provide for a change in the qualifications of judges of the Municipal Court. A copy of said proposed amendment is on file in the Office of the Clerk of the City of Newnan and in the Office of the Clerk of Superior Court of Coweta County for the purposes of examination and inspection by the public. The Clerk of the City of Newnan will furnish to anyone, upon written request, a copy of the proposed amendment. /s/ William W. Thomasson W. W. Thomasson

Page 5330

Sworn to and subscribed before me this the 27 day of October, 1988. /s/ Carolyn Joyner Notary Public My Commission Expires: 4/91 NOTICE Notice is hereby given that a proposed amendment to the Charter of the City of Newnan will be considered by the Mayor and Council of the City of Newnan, which will amend the Charter of the City of Newnan and amend ARTICLE IV, Municipal Court Sec. 4.2(b) so as to provide for a change in the qualifications of judges of the Municipal Court. A copy of said proposed amendment is on file in the Office of the Clerk of the City of Newnan and in the Office of the Clerk of Superior Court of Coweta County for the purposes of examination and inspection by the public. The Clerk of the City of Newnan will furnish to anyone, upon written request, a copy of the proposed amendment. This 22nd day of September, 1988. /s/ C. Bradford Sears, Jr. C. Bradford Sears, Jr. City Attorney /s/ George D. Robinson George D. Robinson Acting City Manager Filed in the Office of the Secretary of State November 9, 1988. CITY OF MACON MACON PENSIONS AND RETIREMENT SYSTEM; OPTIONAL FORMS OF PAYMENT OF BENEFITS.

Page 5331

AN ORDINANCE OF THE CITY OF MACON AMENDING SECTION 6.4 OF ARTICLE VI 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., SO AS TO DISALLOW CERTAIN OPTIONAL FORMS OF PAYMENT OF 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 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: Section 6.4 of Article VI of the Macon Pensions and Retirement System is hereby amended by deleting said section in its entirety and substituting in lieu thereof a new Section 6.4 to reads as follows: ARTICLE VI OPTIONAL RETIREMENT BENEFITS 6.4 Other Forms of Payment Option 5. If a pension payable under this plan is less than twenty-five dollars ($25.00) per month, the committee may direct that, in lieu of such pension, the actuarial equivalent thereof shall be paid in a lump sum, or in a series of uniform monthly, quarterly, or annual amounts for life or for a designated period of time.

Page 5332

The time during which payment shall be made of any of the other forms of payment provided for in this Article shall be limited to a period not exceeding the life or the life expectancy of the Employee and/or contingent pensioner. Notwithstanding anything herein to the contrary, if the actuarial value of an Employee's benefit under any optional benefit is less than 50% of the value of the benefit otherwise payable to the Employee, the optional benefit shall be adjusted so that the value of the Employee's benefit under the option will be equal to an amount not less than 50% of the value of the benefit otherwise payable to the Employee. BE IT FURTHER ORDAINED that this ordinance shall not affect any request for an optional form of payment under former Section 6.4 submitted prior to the effective date of this ordinance. All Charter provisions or ordinances of the City of Macon in conflict herewith are hereby repealed. SO ORDAINED this 1st day of Nov., 1988. /s/ David L. Carter President, City Council APPROVED this 4th day of November, 1988. /s/ William Lee Robinson MAYOR SO ORDAINED this 15th day of Nov., 1988. /s/ David L. Carter President, City Council APPROVED this 24th day of November, 1988. /s/ William Lee Robinson MAYOR

Page 5333

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 11-1-88. Witness my hand and seal of the City of Macon this 11-2-88. /s/ Steven G. Durden Clerk of Council SUBMITTED TO MAYOR'S OFFICE November 2, 1988 RETURNED FROM MAYOR'S OFFICE 11-4-88 yw 4:30 pm 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 Nov. 15, 1988. Witness my hand and seal of the City of Macon this Nov. 16, 1988. /s/ Steven G. Durden Clerk of Council SUBMITTED TO MAYOR'S OFFICE November 16, 1988 RETURNED FROM MAYOR'S OFFICE November 28, 1988 yw 10:00 AM November 28, 1988

Page 5334

I, Steven G. Durden, City Clerk, do hereby certify that the attached copy of Ordinance #O-88-0047 to amend Section 6.4 of Article VI 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., so as to disallow certain optional forms of payment of benefits, is a true and correct copy of said ordinance on file in the City Clerk's Office, City Hall, Macon, Georgia 31298. /s/ Steven G. Durden Steven G. Durden City Clerk City Clerk's Office Macon, Georgia 31298 STATE OF GEORGIA COUNTY OF BIBB PERSONALLY APPEARED BEFORE ME, A NOTARY PUBLIC WITHIN AND FOR ABOVE STATE AND COUNTY, JUDY SHERLING, WHO DEPOSES AND SAYS SHE 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: 10/29, 11/5, 11/12 /s/ Judy Sherling by KFK SWORN TO AND SUBSCRIBED BEFORE ME

Page 5335

THIS 12 DAY OF NOVEMBER, 1988 /s/ Pamela S. McQueen NOTARY PUBLIC, BIBB COUNTY, GEORGIA MY COMMISSION EXPIRES SEPT. 4, 1990 CITY ATTORNEY CITY OF MACON P O BOX 247 MACON GA 31298 GEORGIA, BIBB COUNTY 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 disallow certain optional forms of payment of benefits under the Macon Pensions and Retirement System. Copies of the proposed amendment 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 10/29,11/5,11/12, 1988-9495(35447) Filed in the Office of the Secretary of State December 5, 1988.

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CITY OF MACON COUNCIL; SPECIAL MEETINGS; NOTICE. AN ORDINANCE OF THE CITY OF MACON TO AMEND THE CHARTER OF THE CITY OF MACON, CHAPTER 3, ORGANIZATION AND PROCEDURES OF COUNCIL, SUB-CHAPTER C, RULES AND PROCEDURES OF THE COUNCIL, SECTION 2-323(b), 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., SO AS TO PROVIDE AN ADDITIONAL METHOD OF NOTICE TO COUNCIL MEMBERS OF THE CALL OF SPECIAL MEETINGS OF COUNCIL; AND FOR OTHER PURPOSES. BE IT ORDAINED by the City of Macon and it is hereby so 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: Section 2-323(b) of Chapter 3 of the Charter of the City of Macon, Georgia is hereby amended by deleting in its entirety said Section 2-323(b) and substituting in lieu thereof a new Section 2-323(b) to reads as follows: Subchapter C. Rules and Procedures of the Council. Section 2-323. Meetings; Regular, Special, Emergency. (b) Special meetings of the council may be held on call of the Mayor, President of the Council or a majority of all members of the council. Notice of a special meeting shall be served on all other members personally, or by telephone personally, at least forty-eight (48) hours in advance of the meeting. If, after diligent effort, personal service is not possible, notice shall be deemed to have been served if delivered to the residence of record of the member by a police officer who certifies that such delivery was at least twenty-four (24) hours prior to the convening of the meeting. This notice to council members shall not be required if all council members are present

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when the special meeting is called. This 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 the council member's presence. Only the business stated in the call may be transacted at the special meeting. All Ordinances or parts of Ordinance in conflict herewith are hereby repealed. SO ORDAINED this 1st day of Nov., 1988. /s/ David L. Carter President, City Council APPROVED this 4th day of November, 1988. /s/ William Lee Robinson Mayor SO ORDAINED this 15th day of Nov., 1988. /s/ David L. Carter President, City Council APPROVED this 24th day of November, 1988. /s/ William Lee Robinson Mayor City of Macon, Ga. I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City of Macon, held 11-1-88. Witness my hand and seal of the City of Macon this 11-2-88. /s/ Steven G. Durden Clerk of Council SUBMITTED TO MAYOR'S OFFICE

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11-2-88 RETURNED FROM MAYOR'S OFFICE 11-4-88 yw 4:30 p.m. 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 11-15-88. Witness my hand and seal of the City of Macon this 11-16-88. /s/ Steven G. Durden Clerk of Council SUBMITTED TO MAYOR'S OFFICE November 16, 1988 RETURNED FROM MAYOR'S OFFICE November 28, 1988 yw 10:00 AM November 28, 1988 I, Steven G. Durden, City Clerk, do hereby certify that the attached copy of Ordinance #O-88-0046 to amend the Charter of the City of Macon, Chapter 3, Organization and Procedures of Council, Subchapter C, Rules and Procedures of the Council, Section 2-323(b), 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., so as to provide an additional method of notice to Council Members of Special Meetings of Council, is true and correct copy of said ordinance on file in the City Clerk's Office, City Hall, Macon, Georgia 31298. /s/ Steven G. Durden Steven G. Durden City Clerk
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City Clerk's Office City Hall Macon, GA 31298 STATE OF GEORGIA COUNTY OF BIBB PERSONALLY APPEARED BEFORE ME, A NOTARY PUBLIC WITHIN AND FOR ABOVE STATE AND COUNTY, JUDY SHERLING, WHO DEPOSES AND SAYS SHE 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: 10/22, 10/29, 11/5 /s/ Judy Sherling SWORN TO AND SUBSCRIBED BEFORE ME THIS 05 DAY OF NOVEMBER, 1988 /s/ Pamela S. McQueen NOTARY PUBLIC, BIBB COUNTY, GEORGIA MY COMMISSION EXPIRES SEPT. 4, 1990 CITY ATTORNEY CITY OF MACON P O BOX 247 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, Aticle II, Chapter 3, Section 2-323 (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

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1965, as amended, so as to provide a new method of notice to council members of the call of special meetings of Council. Copies of the proposed amendment 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 10/22,10/29,11/5, 1988-7612(34128) Filed in the Office of the Secretary of State December 5, 1988. CITY OF GAINESVILLE CIVIL SERVICE BOARD. HH 88-03 AN ORDINANCE AN ORDINANCE TO AMEND SECTION 3.50 OF ARTICLE 5 ENTITLED CIVIL SERVICE SYSTEM OF THE CHARTER LAWS OF THE CITY OF GAINESVILLE, GEORGIA TO INCREASE THE MEMBERSHIP OF THE CIVIL SERVICE BOARD OF THE CITY OF GAINESVILLE FROM FIVE MEMBERS TO EIGHT MEMBERS; TO ESTABLISH THE PERIOD OF TIME A MEMBER MAY BE CHAIRMAN; TO ESTABLISH THE TERM TO BE SERVED BY EACH MEMBER; TO ESTABLISH THE METHOD OF APPOINTING EACH MEMBER; TO LIMIT THE NUMBER OF TERMS A

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MEMBER MAY SERVE ON THE CIVIL SERVICE BOARD; TO ESTABLISH RESIDENCY REQUIREMENTS OF CIVIL SERVICE BOARD MEMBERS; TO PROVIDE THAT NO MEMBER OF THE CIVIL SERVICE BOARD MAY HAVE BEEN AN ACTIVE CITY EMPLOYEE WITHIN THE PREVIOUS FIVE YEARS; TO AMEND SECTION 3.51 OF ARTICLE 5 ENTITLED CIVIL SERVICE SYSTEM OF THE CHARTER LAWS OF THE CITY OF GAINESVILLE TO PROVIDE THAT THE PERSONNEL DIRECTOR OF THE CITY OF GAINESVILLE SHALL SERVE AS SECRETARY TO THE CIVIL SERVICE BOARD; TO PROVIDE FOR THE ELECTION OF CIVIL SERVICE BOARD OFFICERS; TO PROVIDE FOR STAFF SERVICES FOR THE CIVIL SERVICE BOARD; TO PROVIDE FOR A QUORUM; TO PROVIDE FOR IMPLEMENTATION OF RULES, REGULATIONS, STANDARDS AND RULE MAKING POWERS; TO PROVIDE FOR A REPEALING CLAUSE; TO PROVIDE FOR AN EFFECTIVE DATE; AND TO PROVIDE FOR OTHER PURPOSES. Resolution of Initiate the Process to Change Charter 11-01-88 Filed in Clerk's Office Published 11-08-88 Published 11-15-88 Published 11-22-88 First Reading 12-06-88 Passed 12-20-88 BE IT ORDAINED BY THE COMMISSION OF THE CITY OF GAINESVILLE, GEORGIA AS FOLLOWS: SECTION I. Section 3.50 of the Charter of the City of Gainesville, Georgia is hereby amended to read as follows: Section 3.50 Civil Service Board composition; appointment; term; oath; resignation. (a) A civil service board for the City of Gainesville is hereby established which shall be composed of eight (8) members who, when appointed, shall be a resident of the City of Gainesville and while on the board such member shall neither hold nor be a candidate for any other public office or position and shall not have been an active City employee within the past five (5) years. Residency shall be determined by the member's primary residence, home telephone location, driver's license registered address, voter registration and similar documentation. Any member who shall cease to be a resident of the City of Gainesville shall tender his resignation to the Clerk of the City of Gainesville

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within thirty (30) days of moving. (b) The initial members of the civil service board shall include the current five members of the civil service board serving at the time this amendment becomes effective. The three members whose terms expire February 22, 1989 shall serve until that date and the two members whose terms expire February 22, 1990 shall serve until that date. (c) The appointment of members of the civil service board shall be as follows: Member (Post) No. 1 Nominated by the City Commissioner from Ward 1 subject to confirmation by the full Commission for a term beginning February 22, 1989 and expiring February 21, 1991. Upon expiration of said term and upon nomination by the Commissioner from Ward 1, the City Commission shall make subsequent appointments for three (3) year terms. Member (Post) No. 2 Nominated by the City Commissioner from Ward 2 subject to confirmation by the full Commission for a term beginning February 22, 1990 and expiring February 21, 1993. Upon expiration of said term and upon nomination by the Commissioner from Ward 2, the City Commission shall make subsequent appointments for three (3) year terms. Member (Post) No. 3 Nominated by the City Commissioner from Ward 3 subject to confirmation by the full Commission for a term beginning February 22, 1989 and expiring February 21, 1992. Upon expiration of said term and upon nomination by the Commissioner from Ward 3, the City Commission shall make subsequent appointments for three (3) year terms. Member (Post) No. 4 Nominated by the City Commissioner from Ward 4 subject to confirmation by the full Commission for a term beginning February 22, 1989 and expiring February 21, 1991. Upon expiration of said term and upon nomination by the Commissioner from Ward 4, the City Commission shall make subsequent appointments for three (3) year terms. Member (Post) No. 5 Nominated by the City Commissioner from Ward 5 subject to confirmation by the full Commission

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for a term beginning February 22, 1989 and expiring February 21, 1991. Upon expiration of said term and upon nomination by the Commissioner from Ward 5, the City Commission shall make subsequent appointments for three (3) year terms. Member (Post) No. 6 Nominated and elected by secret ballot by civil service employees of the City of Gainesville Public Utilities and Public Works Departments for a term beginning February 22, 1989 and expiring February 21, 1992. Upon expiration of said term, the civil service employees of the City of Gainesville Public Utilities and Public Works Departments shall nominate and elect by secret ballot subsequent members to this post for three (3) year terms. The Clerk of the City Commission shall administer the election of this position. Member (Post) No. 7 Nominated and elected by secret ballot by civil service employees of the City of Gainesville Police and Fire Departments for a term beginning February 22, 1990 and expiring February 21, 1993. Upon expiration of said term, the civil service employees of the City of Gainesville Police and Fire Departments shall nominate and elect by secret ballot subsequent members to this post for three (3) year terms. The Clerk of the City Commission shall administer the election of this position. Member (Post) No. 8 Nominated and elected by secret ballot by civil service employees of the City of Gainesville general services (which includes all other departments of the City) for a term beginning February 22, 1989 and expiring February 21, 1991. Upon expiration of said term, the civil service employees of the City of Gainesville general services shall nominate and elect by secret ballot subsequent members to this position for three (3) year terms. The Clerk of the City Commission shall administer the election of this position. (d) Each member of the civil service board before entering upon the duties of the office shall take and subscribe to an oath or affirmation as follows: I do solemnly swear (or affirm) that as a member of the Gainesville Civil Service Board I will, to the best of my ability, carry out the provisions of the Charter of the City of Gainesville and the Act of the General Assembly creating said board; that in the performance of my duties I will not allow

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personal, family or political considerations to influence my vote or actions, but will to the best of my ability adopt fair and reasonable rules and regulations governing the employees of the City of Gainesville, and fairly and impartially administer said rules and regulations. So help me God. (e) No member of the civil service board of the City of Gainesville shall serve more than two consecutive terms plus an unexpired term of one (1) year or less, unless one year shall have passed since the member last served on the board. (f) Any member of the civil service board who fails to attend four (4) regularly scheduled monthly meetings within any twelve (12) month period shall be considered as having resigned from the board due to the member's non-attendance. Upon request the City Commission may review the reasons for such member's non-attendance to determine if there were extenuating circumstances sufficient to allow the member to continue to serve as a member of the board. SECTION II. Section 3.51(a) of the Charter of the City of Gainesville, Georgia is hereby amended to read as follows: (a) Hold all meetings at such times as shall be designated by a majority of the board and after reasonable notice to all board members. The personnel director of the City of Gainesville shall serve as secretary of the board who shall prepare all minutes of meetings which shall be approved by the board. Meetings of the board and hearings before the board shall be public, but the board may go into executive session for the purpose of discussing any matter or issue before it. SECTION III. Section 3.51(b) of the Charter of the City of Gainesville, Georgia is hereby amended to read as follows: (b) Annually elect a chairman and vice-chairman. The chairman shall preside at each meeting or hearing, or in his absence his duties may be performed by the vice-chairman. No

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member of the board shall serve over two (2) one-year terms as chairman of the board. Five (5) members of the board shall constitute a quorum for a meeting or hearing, but the affirmative votes of five (5) members of the board shall be required for official action or decision by the board. SECTION IV. Section 3.51(d) of the Charter of the City of Gainesville, Georgia is hereby amended to read as follows: (d) Hold public meetings regarding rules, regulations and standards of the civil service system proposed at any regular or specially called meeting and thereafter within forty-five (45) days recommend to the governing authority of the City the adoption of rules, regulations and standards effectuating the civil service system established under the provisions of this act. If the City Commission shall fail to adopt, modify, alter or reject such rules, regulations and standards within forty-five (45) days after receipt, they shall become of full force and effect. Such rules and regulations shall prohibit political activity by any employee covered by the civil service system or the civil service board. Said rules and regulations when adopted by the City Commission of the City of Gainesville or otherwise becoming effective, shall be binding upon the civil service board, all departments, offices, and employees of the City unless modified, altered or repealed as provided for herein. SECTION V. Section 3.51 of the Charter of the City of Gainesville, Georgia is hereby amended by adding sub-paragraph (g) which shall read as follows: (g) To adopt written internal policies and procedures to govern the operation of the civil service board. SECTION VI. 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.

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SECTION VII. All Ordinances and parts of Ordinances in conflict herewith are hereby repealed. SECTION VIII. If any portion of this Ordinance shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair the remaining portions unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional. SECTION IX. This Ordinance is enacted as an amendment to the 1979 Charter Laws of the City of Gainesville, Georgia. SECTION X. The effective date of this Ordinance shall be January 1, 1989. 87-Public Notice LEGAL NOTICE HR 88-03 AN ORDINANCE AN ordinance to amend section 3.50 of Article 5 entitled Civil Service of the Charter Laws of the City of Gainesville, Georgia to increase the membership fo the Civil Service Board of the City of Gainesville from five members to eight members; to establish the period of time a member may be chairman; to establish the term to be served by each member; to establish the method of appointing each member; to limit the number of terms a member may serve on the civil service board; to establish residency requirements of civil service board members; to provide that no member of the civil service board may have been an active city employee within the previous five years; to amend section 3.51 of Article 5 entitled Civil Service System of the Charter Laws of the City of Gainesville to provide

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that the personnel director of the City of Gainesville shall serve as secretary to the Civil Service Board; to provide for the election of Civil Service Board Officers; to provide for staff services for the civil service board; to provide for a quorum; to provide for implementation of rules, regulations, standards and rule making powers; 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 at 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. #9573 Nov 8, 15,22 PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF HALL Before me, the undersigned, a Notary Public, this day came Cynthia Allen, who, being first duly sworn, according to law, said that he is an agent of The Times, the official newspaper in which the Sheriff's and Marshall'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 3.50 and 3.51 amending Article 5Civil Service System of the Charter of the City of Gainesville, Georgia was published once a week for three (3) weeks on the following dates: Nov. 8, 15, 22 THE TIMES By /s/ Cynthia Allen Title: Legal Ad-Visor

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Sworn to and subscribed before me this 28th day of December, 1988. /s/ F.D. Reece Notary Public My Commission Expires: 4/3/92 (SEAL) Filed in the Office of the Secretary of State December 30, 1988.

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MUNICIPAL ORDINANCES ADOPTED PURSUANT TO CODE SECTIONS 21-3-60 THROUGH 21-3-64 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED RELATING TO TERMS OF OFFICE AND ELECTION OF MUNICIPAL OFFICIALS

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CITY OF ALBANY BOARD OF COMMISSIONERS; ORGANIZATIONAL MEETING. 88-106 AN ORDINANCE ENTITLED AN ORDINANCE PRESERVING THE SECOND MONDAY IN JANUARY AS THE DATE FOR THE ORGANIZATIONAL MEETING OF THE BOARD OF COMMISSIONERS OF THE CITY OF ALBANY; REPEALING PRIOR ORDINANCES IN CONFLICT; AND FOR OTHER PURPOSES. WHEREAS by an Act of its 1987 Session (Georgia Laws 1987, pages 787 et seq; O.C.G.A. 21-3-60 et seq.) the General Assembly of Georgia provided, among other things, for biennial elections of members of the municipal governing authority, and for four-year terms for said members; and provided that terms of office shall commence on January 1 of the year following election; WHEREAS Section 1 of said Act, O.C.G.A. 21-3-62(b), allows adoption by the Board of Commissioners of a different date for the organizational meeting if such different date is provided in the City Charter; WHEREAS the Charter of the City of Albany, Section 3(d) provides that the Board of City Commissioners of the City of Albany shall organize on the second Monday in January; NOW, THEREFORE, 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. Notwithstanding the provisions of the Act of the General Assembly of 1987, Georgia Laws 1987, pages 787 et seq., O.C.G.A. 21-3-60 et seq., and as permitted specifically by O.C.G.A. 21-3-62(b), the provisions of the Charter of the City of Albany, Section 3(d), providing that the Board of City Commissioners shall organize on the second Mondays in January, are hereby continued in effect, and all organizational meetings of the Boards of Commissioners of the City of Albany shall in the future continue to be held on the second Monday in January of

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each year following an election. SECTION 2. All ordinances or parts of ordinances in conflict herewith are repealed. /s/ Henry L. Mathis MAYOR PRO TEM (Signed in the absence of the Mayor) ATTEST: /s/ Joann Pope CITY CLERK Adopted: January 26, 1988 I do hereby certify that this is a true and correct copy. /s/ Joann Pope City Clerk Filed in the Office of the Secretary of State February 1, 1988. CITY OF YOUNG HARRIS MAYOR AND COUNCIL; ORGANIZATIONAL MEETING. An Ordinance to continue the provisions of Section 2.11, Organizational Meeting, of Article II, LEGISLATIVE BODY, of the Charter of the City of Young Harris, Georgia, approved March 24, 1978 (Ga. Laws 1978, p. 4470 et seq.) as provided in Official Code of Georgia Annotated Section 21-3-62; to repeal conflicting ordinances; and for other purposes. The Council of the City of Young Harris hereby Ordains:

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SECTION ONE: INTENT. Section 2.11, Organizational Meeting, of Article II, LEGISLATIVE BODY, of the Charter of the City of Young Harris, Georgia provides for the Mayor and Council to conduct an organizational meeting on the first Tuesday after the first Monday in January of each year. Section 5.01 Regular Elections, of Article V, ELECTIONS provides the term of office of the Mayor and members of the Council shall begin at the day and hour of the taking of the oath of office as provided in Article II, Section 2.11 of the Charter. Official Code of Georgia Annotated Section 21-3-62 provides that if a municipal charter provides that the term of an elected municipal office begins at the first organizational meeting in January following a general municipal election and if the municipality has terms for elected municipal office of two years as of January 1, 1989, then the local governing body may continue the commencement of the term of office for such officers as provided in the charter by passing an ordinance on or before January 1, 1989, stating that intent. This ordinance is adopted pursuant to the authority of Official Code of Georgia Annotated Section 21-3-62 evidencing the intent of the local governing body of the City of Young Harris, Georgia to continue in full force and effect its aforesaid Charter provisions. SECTION TWO: REPEALER. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. SECTION THREE: EFFECTIVE DATE. This ordinance shall be effective upon its adoption by the Council of the City of Young Harris, Georgia. The City Clerk is directed to file a certified copy of this ordinance with the Office of the Secretary of State on or before January 31, 1989. This Ordinance first read on the 1st day of March, 1988, at a Regular meeting of the City Council, read and adopted after its second reading by the Mayor and City Council of the City of Young Harris, Georgia at their regular meeting of the City Council of Young Harris, Georgia on the 5th day of April, 1988 by vote of 5 for and 0 against.

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CITY OF YOUNG HARRIS, GEORGIA By: /s/ Thomas W. Nolan Mayor Attest: /s/ Susan C. Shook City Clerk (CITY SEAL) GEORGIA, TOWNS COUNTY I, Susan C. Shook, do hereby certify that I am Clerk of the City of Young Harris, and as such certify that the foregoing is a true and correct copy of an ordinance adopted by a vote of 5 for and 0 against at a regular meeting of the City Council held on the 5th day of April, 1988 as the same appears in the records of the Mayor and Council of the City of Young Harris, Georgia. Witness my hand and seal of office, this 8th day of April, 1988. /s/ Susan C. Shook Susan C. Shook, Clerk City of Young Harris, Georgia (SEAL) Filed in the Office of the Secretary of State May 10, 1988

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Ordinance of the City of Norcross, Georgia CITY OF NORCROSS MUNICIPAL ELECTION DATES. ORDINANCE NO. 21-88 TITLE AND PURPOSE. Title 2, Chapter 2, Elections, Section 2-2-4. ENACTING CLAUSE. The Council of the City of Norcross, Georgia, hereby ordains that Title 2, Chapter 1, Section 2-2-4 of the Code of the City of Norcross be hereby amended. It is the intention of the Mayor and Council, and it is hereby ordained, that the following provisions shall become and be made a part of the Code of the City of Norcross. Title 2, Chapter 1, Section 2-2-4 shall henceforth read as follows: Section 2-2-4. 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 on which all general municipal elections occurring before January 1, 1993, shall be held is on the first Saturday in December. All general municipal elections held subsequent to January 1, 1993, shall be held as provided by law, on the Tuesday next following the first Monday in November in 1993 and on such day biennially thereafter. Nothing in this Chapter shall be construed to abrogate or impair the powers of the courts or of any department of the City to enforce any provisions of its Charter or its ordinances or its regulations, nor to prevent or punish violations thereof; and the powers conferred by this Chapter shall be in addition to and supplemental to the powers conferred by any other law of the Code of the City of Norcross, Georgia, or by Charter. This Ordinance shall take effect immediately upon its passage. Any other ordinance or parts of an ordinance in conflict with this ordinance are, to the extent such conflict exists, hereby repealed.

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ADOPTED this 8 day of August, 1988. By /s/ Gary S. Cobb Gary S. Cobb, Mayor City of Norcross Authentication of City Clerk By /s/ Betty Mauldin City Clerk Filed in the Office of the Secretary of State September 21, 1988. Resolution of the City of Norcross, Georgia CITY OF NORCROSS CITY COUNCIL; TERMS. The Council of the City of Norcross, Georgia, has considered and hereby adopts the following as a Resolution of said Council: WHEREAS, O.C.G.A. 21-3-51(b) requires that effective January 1, 1993, all general municipal elections to fill municipal offices shall be held on the Tuesday next following the first Monday in November in 1993 and on such day biennially thereafter; and WHEREAS, O.C.G.A. 21-3-60(a) prescribes the terms of office for the municipal officers elected in general municipal elections held in 1989, 1990, 1991, and 1992, unless a local law exception pursuant to O.C.G.A. 21-3-64 is provided by local law; and WHEREAS, the Mayor and City Council deem it in the best interests of the City of Norcross to provide for staggered terms of offices for members of the City Council once biennial municipal elections are required by state law;

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IT IS HEREBY RESOLVED, that it is the intent of the Council of the City of Norcross to introduce a Bill, at the regular 1989 Session of the General Assembly of Georgia, to be enacted by the General Assembly and become an Act thereof which Bill will amend an Act providing a new Charter for the City of Norcross (Ga. Laws 1988, House Bill No. 1899, approved April 11, 1988) to provide for staggered terms of municipal offices, to repeal conflicting laws, and for other purposes. BE IT FURTHER RESOLVED, that said Bill when introduced to the General Assembly of Georgia will state as follows: City of Norcross Terms of Municipal Office Amendment to Corporate Charter No.-(House Bill No.-) An Act To amend an Act providing a New Charter for the City of Norcross, approved April 11, 1988 (Ga. Laws 1988, House Bill No. 1899) so as to change the terms of municipal office pursuant to the local law exception under O.C.G.A. 21-3-64 from those prescribed under O.C.G.A. 21-3-60(a) in order to provide for staggered terms of municipal office; to repeal conflicting laws, and for such other purposes, Be it enacted by the General Assembly of Georgia: Section 2. An Act providing a new Charter for the City of Norcross, approved April 11, 1988 (Ga. Laws 1988, House Bill No. 1899), is hereby amended by amending Section 2.11 to henceforth read as follows: Section 2.11 City Council Terms and Qualifications for Office. The members of the City council shall serve for terms of four (4) years and until their respective successors are elected and qualified; except that pursuant to O.C.G.A. 21-3-64, the local law exception to the municipal terms of office prescribed by O.C.G.A. 21-3-60, municipal offices elected in 1992 shall have their terms expire at the first organizational meeting in January following the general municipal election held in 1995. All subsequent terms of municipal office shall

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expire as provided by law. No person shall be eligible to serve as mayor or councilmember unless he shall have been a resident of the city of a period of not less than two (2) 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 Notcross, 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 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. BE IT FURTHER RESOLVED, that the Mayor of the City of Norcross is hereby instructed to cause notice of Intention to Apply for Local Legislation to be published as required by law. BE IT FURTHER RESOLVED, that prior to the time any such Bill or Act is submitted to the General Assembly of the State of Georgia, the Mayor shall obtain an Affidavit or Certification from the designated agent of the official organ of Gwinnett County for the publication of Notices required by law that said Notice has indeed been published as required by law. BE IT FURTHER RESOLVED, that a copy of the Notice and the original Affidavit or Certification of Publication be submitted to the General Assembly of the State of Georgia concurrently with said Bill. This 8 day of August, 1988. /s/ Gary S. Cobb Gary S. Cobb, Mayor Authenticated By: /s/ Betty Mauldin City Clerk Filed in the Office of the Secretary of State September 21, 1988.

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Ordinance of the City of Norcross, Georgia CITY OF NORCROSS CITY COUNCIL; ORGANIZATIONAL MEETING. ORDINANCE NO. 23-88 TITLE AND PURPOSE. Title 2, Chapter 1, Mayor and Council; Section 2-1-6. ENACTING CLAUSE. The Council of the City of Norcross, Georgia, hereby ordains that Title 2, Chapter 1, Section 2-1-6 of the Code of the City of Norcross is hereby amended. It is the intention of the Mayor and Council, and it is hereby ordained, that the following provision shall become and be made a part of the Code of the City of Norcross. Title 2, Chapter 1, Section 2-1-6 shall henceforth read as follows: Section 2-1-6. 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 office shall be administered to the newly elected members of the City Council whose terms of office shall begin the day and hour of taking the oath of office. Nothing in this Chapter shall be construed to abrogate or impair the powers of the courts or of any department of the City to enforce any provisions of its Charter or its ordinances or its regulations, nor to prevent or punish violations thereof; and the powers conferred by this Chapter shall be in addition to and supplemental to the powers conferred by any other law of the Code of the City of Norcross, Georgia, or by Charter. This Ordinance shall take effect immediately upon its passage.

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Any other ordinance or parts of an ordinance in conflict with this ordinance are, to the extent such conflict exists, hereby repealed. ADOPTED this 8 day of August, 1988. By /s/ Gary S. Cobb Gary S. Cobb, Mayor City of Norcross Authentication of City Clerk By /s/ Betty Mauldin City Clerk I, Betty Mauldin, City Clerk of the City of Norcross Georgia, do hereby certify the aforegoing is a true and correct copy of Ordinance Number 23-88 presented and accepted during the Regular Meeting of the Mayor and Council on date shown with all members present and all members voting for and none against the Ordinance was declared duly adopted. /s/ Betty Mauldin 8/8/88 Betty MauldinCity Clerk Filed in the Office of the Secretary of State September 21, 1988. ORDINANCE OF THE CITY OF NORCROSS, GEORGIA CITY OF NORCROSS ELECTIONS. ORDINANCE NO. 24-88 TITLE AND PURPOSE: Title 2, Chapter 2, Elections.

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ENACTING CLAUSE: The Mayor Council of the City of Norcross hereby ordian that Title 2, Chapter 2, of the Code of the City of Norcross is hereby amended by adding a Section 5 to said Title and Chapter. It is the intention of the Mayor and Council and it is hereby ordained that the following provisions shall become and be made a part of the Code of the City of Norcross. Title 2, Chapter 2, Section 2-2-5, shall henceforth read: Section 2-2-5. All 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. In all other respects, Title 2, Chapter 2, shall remain in full force and effect. Nothing contained in this Ordinance shall be construed to abrogate or impair the powers of the Courts or any department of the City to enforce any provisions of its Charter or its ordinances or regulations, nor to prevent or punish violations thereof, and the powers conferred by this Section shall be in addition to and supplemental to the powers conferred by any other law, the Charter, or the Code of the City of Norcross, Georgia. Title 2, Chapter 2, Section 2-2-5 shall take effect immediately upon its passage. Any other ordinance or parts or ordinances in conflict with this Ordinance are, to the extent such conflict exists, hereby repealed. ADOPTED this 12 day of September, 1988. By: /s/ Gary S. Cobb Gary S. Cobb, Mayor City of Norcross Authentication of City Clerk By: /s/ Betty Mauldin Betty Mauldin, City Clerk Filed in the Office of the Secretary of State September 21, 1988.

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CITY OF NEWNAN MAYOR AND COUNCIL; TERMS. AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF NEWNAN BY ADDING A NEW SECTION 2-27 OF CHAPTER 2, ARTICLE II. Be it ordained by the Mayor and Council of the City of Newnan and it is hereby ordained by the authority of the same that a new Section 2-27, Chapter 2, Article II of the Code of Ordinance of the City of Newnan is adopted as follows: Sec. 2-27. The term of office of the Mayor and Council shall begin at the organizational meeting on the first regular meeting date in January of each year pursuant to the Charter of the City of Newnan and State Law. All ordinances in conflict with this ordinance are repealed in their entirety. DONE, RATIFIED, AND PASSED in regular session this 19th day of September, 1988. /s/ Clifford B. Glover III Mayor /s/ Ed Long /s/ Alvin E. Johnston /s/ Billy A. Abraham /s/ John P. Goodrum, Jr. /s/ Willie J. Lynch, Sr. /s/ Daniel D. Sanders

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Attest: /s/ Peggy Dewberry City Clerk Reviewed: /s/ G. David Robinson City Manager /s/ C. Bradford Sears, Jr. City Attorney CLERKS CERTIFICATION I hereby certify that the attached is a true and exact copy of the Ordinance to Amend the Code of Ordinances for the City of Newnan adopted in regular session of the City Council on September 19, 1988. /s/ Peggy Dewberry Peggy Dewberry City Clerk Filed in the Office of the Secretary of State October 17, 1988. CITY OF HAPEVILLE TERMS OF OFFICE. RESOLUTION NO. 88-5 STATE OF GEORGIA CITY OF HAPEVILLE WHEREAS, during the 1987 Session of the Georgia General Assembly, the Georgia Municipal Election Code was amended, by adding in part, Section 21-3-60, Section 21-3-61, Section 21-3-63, and Section 21-3-64 of the Official Code of Georgia; and

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WHEREAS, the aforesaid Section 21-3-64 provides in part as follows: The General Assembly is authorized to provide by local law for municipal offices elected in a general municipal election in 1989, 1990, 1991, and 1992 to expire after or before the dates as provided in Code Sections 21-3-60, 21-3-61, or 21-3-62, provided that such expiration coincides with a municipal election in 1991, 1993, or biennially thereafter. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hapeville, and it is hereby resolved by the same, that the City of Hapeville requests of the Fulton County Delegatioin to the Georgia General Assembly to introduce legislation at the 1989 Session of the Georgia General Assembly to provide by local law that those candidates running for public office in the year 1990 shall be for a term of three (3) years, and that those candidates running for public office in the year 1991 shall be for a term of four (4) years, and that all terms of offices thereafter shall be for four (4) years, so as to comply with the provisions of the Georgia Municipal Election Code, as amended. BE IT FURTHER RESOLVED, that the City Attorney is hereby directed to prepare the necessary documents for submission to the Fulton County Delegation to effect this resolution. SO RESOLVED this 6th day of December, 1988. MAYOR AND COUNCIL OF THE CITY OF HAPEVILLE /s/ Roy T. Gibson ROY T. GIBSON, Mayor ATTEST: /s/ E. Lee Garner This is to certify that this is a true and accurate copy of Resolution No. 88-5 that is on file at Harpeville City Hall.

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/s/ E. Lee Garner E. Lee Garner City Administrator Filed in the Office of the Secretary of State December 6, 1988. CITY OF HAPEVILLE TERMS OF OFFICE. ORDINANCE NO. 88-6 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF HAPEVILLE, AS AMENDED, TITLE II, GENERAL GOVERNMENT, CHAPTER II, ELECTIONS, SO AS TO ADD PROVISIONS FOR THE TERMS OF PRESENT OFFICERS OF THE CITY OF HAPEVILLE; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES. STATE OF GEORGIA CITY OF HAPEVILLE BE IT AND IT IS HEREBY ORDAINED by the Mayor and Council of the City of Hapeville and by the authority of the same that the Code of Ordinances of the City of Hapeville, as amended, is hereby further amended, by adding the following as Section 2-2-21 of Chapter II of Title II of the Code of Ordinances. Section 2-2-21 TERMS OF PRESENT OFFICERS All present and future elected officers of the City shall hold their offices until the expiration of the term for which they shall have been elected, and until their successors are elected and qualified, except as otherwise provided. NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the Mayor and Council of the City of Hapeville,

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and by the authority of the same, the Code of Ordinances of the City of Hapeville, as amended, be so amended. ADOPTED this 6th day of December, 1988. /s/ Roy T. Gibson ROY T. GIBSON, Mayor Attest: /s/ E. Lee Garner This is to certify that this a true and accurate copy of Ordinance 88-6 that is on file at Hapeville City Hall. /s/ E. Lee Garner E. Lee Garner City Administrator Filed in the Office of the Secretary of State December 6, 1988. CITY OF ATHENS MAYOR AND COUNCIL; ORGANIZATIONAL MEETING. AN ORDINANCE TO AMEND THE CODE OF THE CITY OF ATHENS, GEORGIA, (1987), WITH RESPECT TO ORGANIZATIONAL MEETING OF MAYOR AND COUNCIL; AND FOR OTHER PURPOSES. The Mayor and Council of the City of Athens, Georgia hereby ordains as follows. SECTION 1. Title 1 of the Code of the City of Athens, Georgia is hereby amended by adding the following new section thereto: Section 1-3-57. Organizational meeting.

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(a) The Mayor and council members shall meet for organization and swearing-in ceremonies by not later than the first Tuesday in January following each regular municipal election or, if that date is a legal holiday, on the next following day not a legal holiday. (b) At this meeting, the newly elected or re-elected mayor and council members shall each qualify to take office by taking the following oath of office to be administered by an officer authorized to administer oaths: I do solemnly swear (or affirm) that I will truly perform to the best of my abilities the duties of (mayor or council member, as the case may be) by adopting and enforcing such measures as in my judgment shall be best calculated to promote the general welfare of the inhabitants of the City of Athens and the common interest thereof. (c) At this meeting, the newly reorganized mayor and council shall make any appointments and selections as may be required by this charter or by ordinance. (d) A special meeting may be called to install any member elected by a special election or otherwise appointed to the council. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Approved this 6 day of Dec, 1988. /s/ W. Calvin Bridges Mayor Pro tem Adopted the 6 day of Dec, 1988. /s/ G. J. Spratlin Clerk of Council I certify this is a true and correct copy of an ordinance adopted by unanimous vote of Mayor and Council of the City of Athens, Georgia on Tuesday, December 6, 1988.

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/s/ Gloria Jean Spratlin Gloria Jean Spratlin Clerk of Council Filed in the Office of the Secretary of State December 14, 1988. CITY OF BROXTON MAYOR AND COUNCIL; TERMS. ORDINANCE TO RETAIN A TERM OF TWO YEARS FOR THE MAYOR AND CITY COUNCIL GEORGIA, COFFEE COUNTY CITY OF BROXTON The Mayor and Council of the City of Broxton hereby ordain and by the authority of same, hereby ordain as follows: SECTION 1PURPOSE: This ordinance is adopted and passed by the Governing Body of the City of Broxton to comply with the requirements of O.C.G.A. 21-3-62, et seq. and as required by other applicable provisions of the municipal election code (Title 21 of Official Code of Georgia annotated). SECTION 2INTENT: (a) It is the intent of the Governing Body of the City of Broxton, acting by and through its duly elected public officers, the Mayor and City Council, that the City continue the commencing of a term of office as provided by Article II, 2.1, et seq. of the City Charter of Broxton (Georgia Laws 1981 session, pps. 3597-3625, House Bill No. 448) for a term of two years as of January 1, 1989, for the offices of Mayor and City Council. (b) After the enactment or adoption of this Ordinance,

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the terms of municipal officers elected in the City of Broxton, Georgia, in 1990, and 1992, shall begin and expire as provided by O.C.G.A. 21-3-63, said code section being incorporated herein by reference and made a part of this Ordinance. SECTION 3ENACTMENT: The within and foregoing Ordinance having been introduced and read for the first time at the regular held meeting of the Mayor and Council on November 1, 1988, and having been voted on, adopted and enacted as an ordinance of the City of Broxton at the regular meeting on December 8, 1988, said Ordinance is hereby declared to be an Ordinance of the City of Broxton. CITY OF BROXTON, GEORGIA /s/ Mary Jarrard Mary Jarrard, Mayor /s/ Alfred Barnes Alfred Barnes, Council Member /s/ Leland Carter Leland Carter, Mayor Pro-Tempo /s/ Jessie Porter Jessie Porter, Council Member Wayne Thomas, Council Member ATTEST: /s/ Ruby Johnson Ruby Johnson, Clerk (CITY SEAL) CERTIFICATE GEORGIA, COFFEE COUNTY

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CITY OF BROXTON I, Ruby Johnson, being the Clerk for the City of Broxton, Georgia, a Municipal Corporation and Political Subdivision of the State of Georgia, and being authorized to issue this Certificate as allowed and provied by law, hereby certify that the documents attached hereto including ORDINANCE TO RETAIN A TERM OF TWO YEARS FOR THE MAYOR AND CITY COUNCIL are true and exact copies of the original documents on record at my office at City Hall. SO CERTIFIED this the 9th day of December 1988. CITY OF BROXTON, GEORGIA (CITY SEAL) BY: /s/ Ruby Johnson Ruby Johnson, Clerk Filed in the Office of the Secretary of State December 14, 1988. TOWN OF CLERMONT MAYOR AND COUNCIL; TERMS. ORDINANCE 88-5 An Ordinance for the Town of Clermont, Georgia to provide for the terms of office for Mayor and Town Council posts to commence at the first organizational meeting in January following a general municipal election. Terms to be for a period of four years. First Reading: 11-11-88 Published: 11-26-88 Second Reading: 12-06-88

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SECTION 1. The terms of office for Mayor and five Council posts for the Town of Clermont shall commence on the first organizational meeting in January following a general municipal election as provided in Town of Clermont Charter Section 4125. SECTION 2. The term of office for Mayor and five Council posts for the Town of Clermont shall be for a period of four years. SECTION 3. All ordinances, or parts of ordinances in conflict with this ordinance are hereby repealed. Passed on second reading this 6th day of December, 1988. APPROVED: /s/ Warren Weaver MAYOR /s/ Elizabeth Brown TOWN CLERK Filed in the Office of the Secretary of State December 16, 1988. CITY OF DACULA TERMS OF OFFICE. ORDINANCE CITY OF DRACULA WHEREAS , the Mayor and Council of the City of Dacula desire to enact an Ordinance to provide for an orderly transition for elections of offices under the Georgia Elections Code;

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NOW, THEREFORE , the Mayor and Council of the City of Dacula hereby ordains that the term of the Municipal office shall begin at the first organizational meeting in January following the General Municipal Election with all terms of offices to be elected according to the terms set forth in O.C.G.A. Section 21-3-63(b). Date of first reading 11-28-88. This 6th day of December, 1988. CITY OF DACULA BY: /s/ Travis Murray MAYOR BY: /s/ Joyce Norman CLERK Filed in the Office of the Secretary of State December 16, 1988. CITY OF HOBOKEN MUNICIPAL OFFICES; TERMS. AN ORDINANCE TO PROVIDE FOR THE COMMENCING OF THE TERMS OF MUNICIPAL OFFICERS WHEREAS, THE MUNICIPAL CHARTER OF THE CITY OF HOBOKEN, Brantley County, Georgia, provides that the terms of municipal office, are to begin at the first organizational meeting in January following a general municipal election, and WHEREAS, the Georgia Municipal Election Code has been amended to provide that said terms of municipal office shall commence January 1, following a general municipal election unless otherwise provided by an ordinance of the municipality,

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and WHEREAS, this governing body desires to continue having municipal terms of office commence at the first organizational meeting in January following a general municipal election, IT IS HEREBY ORDAINED that all terms of municipal offices shall commence at the first organizational meeting in January following a general municipal election beginning in January, 1989. All ordinances and parts of ordinances and of the Municipal Charter of the City of Hoboken in conflict with the herein enacted Ordinance are hereby repealed. ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF HOBOKEN, GEORGIA, this 6th day of December, 1988. /s/ Stanley Edwards MAYOR, City of Hoboken, Georgia. ATTEST: /s/ Linda Martin CITY CLERK, City of Hoboken, Georgia. Filed in the Office of the Secretary of State December 20, 1988. CITY OF HIAWASSEE MAYOR AND COUNCIL; TERMS. STATE OF GEORGIA COUNTY OF TOWNS ELECTION ORDINANCE

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WHEREAS, the City of Hiawassee, under the Charter of the City of Hiawassee, elects Mayor and Council for a period of two years; and WHEREAS, Official Code of Georgia Section 21-3-62 provides that municipalities may elect to institute four-year terms with elections held in 1990. NOW, THEREFORE, be it enacted and ordained by the City Council of the City of Hiawassee as follows: Pursuant to the Official Code of Georgia Section 21-3-62(b)(1), it is the intent of the City of Hiawassee that all the municipal officers elected in 1990 shall have their terms expire at the first organizational meeting in January, 1994. And municipal officers from 1993 forward shall be elected pursuant to the Official Code of Georgia Section 21-3-62 for terms of four years. This Ordinance shall be effective upon the second reading and passage thereof. This Ordinance read and approved on the 12 day of December, 1988. This Ordinance read and approved for the second time on the 21st day of December, 1988. This Ordinance adopted by both the City Council and the City of Hiawassee on the 21st day of December, 1988, by a vote of 5 for and 0 opposed. Attest: /s/ Rowe Canup Rowe Canup, Mayor City of Hiawassee /s/ Wylene Wilhite (Seal) City Clerk City of Hiawassee CERTIFICATE OF CLERK I, Wylene Wilhite, do hereby certify that I am Clerk of the

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City of Hiawassee, Georgia, and as such, certify that the foregoing is a true and correct copy of the Election Ordinance adopted by the Mayor and City Council of the City of Hiawassee, Georgia, at a meeting held on the 21st day of December, 1988, with the second reading on the 21st day of December, 1988, as the same appears of record in the minute book of the Mayor and Council of the City of Hiawassee, Georgia, on pages 127. WITNESS my hand and seal of office, this 21st day of December, 1988. /s/ Wylene Wilhite City Clerk, City of Hiawassee Seal Filed in the Office of the Secretary of State December 27, 1988. CITY OF THOMSON MAYOR AND COUNCIL; TERMS. ORDINANCE NUMBER 442 AN ORDINANCE PROVIDING FOR THE TERMS OF OFFICE FOR MAYOR AND COUNCILMEN FOR THE CITY OF THOMSON, GEORGIA AND FOR OTHER PURPOSES. BE IT ORDAINED by the Mayor and City Council of Thomson, It is hereby ordained by the authority of same, that from and after the date of the adoption of this ordinance, the following terms of office shall apply to the mayor and councilmen of the City of Thomson, Georgia. SECTION I TERMS OF OFFICE. The terms of office for Mayor and Councilmen shall begin on the 2nd Thursday in January following their respective election, and shall continue for four (4) years

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and until their successors are elected and qualified, except as provided in Section 2.08 of the City Charter for the City of Thomson, Georgia. SECTION II BE IT FURTHER ORDAINED by the Authority aforesaid that any and all Ordinances or parts of Ordinances in conflict be and the same are hereby repealed. FIRST READING: December 8, 1988 SECOND READING: December 21, 1988 UPON PASSAGE: Ayes.....Nos..... APPROVED: /s/ Robert E. Knox, Jr. MAYOR ATTEST: Audrey Eller CITY CLERK I certify the above is an exact, true copy of an ordinance adopted by the Mayor and Council of the City of Thomson in a special meeting on December 21, 1988. Signed this 22 day of December 1988. /s/ Audrey Eller AUDREY ELLER, CITY CLERK Filed in the Office of the Secretary of State December 28, 1988.

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CITY OF DECATUR CITY COMMISSIONERS; TERMS. O-88-40 AN ORDINANCE SPECIFYING TERM OF OFFICE FOR CITY COMMISSIONERS WHEREAS, the Decatur City Charter specifies that the term of office for Decatur City Commissioners begins on the first Monday in January after their election; and WHEREAS, the Decatur City Commission desires to continue this term of office. NOW THEREFORE BE IT ORDAINED by the City Commissioners of the City of Decatur, Georgia, and it is hereby ordained by the authority of the same that the term of office for Decatur City Commissioners shall begin on the first Monday in January after their election. Adopted this 19th day of December, 1988. Attest: /s/ G. Curtis Branscome Acting City Clerk STATE OF GEORGIA, COUNTY OF DEKALB, CITY OF DECATUR I, KAREN, M. desISLETS, THE DULY APPOINTED CITY CLERK OF THE CITY OF DECATUR, DO HEREBY CERTIFY THAT THE ATTACHED DOCUMENT BEARING THE ORIGINAL IMPRESSION OF THE OFFICIAL SEAL OF THE CITY OF DECATUR IS A TRUE AND CORRECT COPY OF Ordinance O-88-40 an ordinance specifying term of office for City Commissioners ADOPTED BY THE DECATUR CITY COMMISSION AT A (REGULAR) MEETING ON December 19, 1988, THIS 23rd DAY OF December, 1988. /s/ Karen M. desIslets KAREN M. desISLETS, CITY CLERK

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(SEAL) Filed in the Office of the Secretary of State December 29, 1988. CITY OF DAWSON MAYOR AND COUNCIL; TERMS. FROM THE MINUTES OF THE CITY COUNCIL AND MAYOR OF THE CITY OF DAWSON AT THE REGULAR DECEMBER MEETING ON DECEMBER 8TH, 1988 RESOLVED by the Mayor and City Council of the City of Dawson that the City elects and desires to maintain a two year term of office for elected City Councilmen and Mayor. Be it further resolved that this resolution is past in accordance with the applicable provisions of the O.C.G.A. 21-3-64, for the purpose of expressing the desire of the City Council and the Mayor of Dawson to continue to have terms of offices for each for a period of two years. It is further resolved that the City Attorney be requested and directed to mail a certified copy of this resolution to the Secretary of State. It is further resolved that the City Attorney be requested and directed to give a copy of this resolution to our State Representative, the honorable Robert Hanner, for introduction of local legislation as may be necessary under the laws of the State of Georgia to maintain two year terms for the City Councilmen and the Mayor of the City of Dawson. SO RESOLVED this 8th day of December, 1988, by authority of the Mayor and City Council of the City of Dawson, Georgia.

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CITY OF DAWSON BY: /s/ James G. Raines Mayor ATTEST: /s/ Sheri L. Howard City Clerk I, SHERRY HOWARD, Clerk of the City of Dawson, do hereby certify that the above and foregoing resolution was passed and adopted by the Mayor and City Council of the City of Dawson, meeting at their regular December meeting on December 8, 1988. Certified this 19th day of December, 1988. /s/ Sheri L. Howard Sheri L. Howard, City Clerk SEAL Filed in the Office of the Secretary of State December 30, 1988. CITY OF AVONDALE ESTATES MAYOR AND COMMISSIONERS; TERMS. ORDINANCE NO. 819 An Ordinance to Provide for the Date of General City Elections; to Provide for the Terms of Office; and for Other Purposes. BE IT ORDAINED by the City of Avondale Estates, Georgia, as follows: SECTION 1. For all general City elections occurring before January 1, 1993, the date of the election shall be as specified by

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the City Charter. Effective January 1, 1993, the general city election shall be held on the Tuesday next following the first Monday in November in 1993 and on such day biennially thereafter. Public notice of such elections shall be published in the City's legal organ at least thirty (30) days prior to the elections. (O.C.G.A. 21-3-51) SECTION 2. As specified by the City Charter, each commissioner shall be elected for a term of four years with such term beginning at the first regular meeting of the Board of Mayor and Commissioners in January following the election at which said commissioners are elected. (O.C.G.A. 21-3-60) SECTION 3. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. SECTION 4. This Ordinance shall be passed as an Emergency Ordinance, the emergency being that such an ordinance must be passed on or before January 1, 1989 and a certified copy of such ordinance filed with the office of the Secretary of State by January 31, 1989, if terms of office are to continue as provided in the City Charter. ADOPTED THIS 30th DAY OF December, 1988. BOARD OF MAYOR AND COMMISSIONERS AVONDALE ESTATES, GEORGIA /s/ John W. Lawson JOHN W. LAWSON, MAYOR I, Phyllis D. Flowers, City Clerk of the City of Avondale Estates, Georgia, do hereby certify this to be a true copy of an ordinance adopted by the Board of Mayor and Commissioners, unanimously by all members present, at its monthly meeting of December 30, 1988. /s/ Phyllis D. Flowers PHYLLIS D. FLOWERS, CITY CLERK Filed in the Office of the Secretary of State January 5, 1989.

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CITY OF MARIETTA MAYOR AND COUNCIL; TERMS. ORDINANCE NO: 4685 COUNCIL BILL NO: 289388 AN ORDINANCE STATING the intent of the City of Marietta to preserve the commencing of the term of office of its elected mayor and council as provided in the city charter. NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MARIETTA, GEORGIA, THAT: Section 1: Pursuant to OCGA 21-3-60(b) the City of Marietta exercises its authority to preserve the commencing of the term of office of its elected mayor and council as provided in the city charter: The terms of office of such mayor and council members so elected shall begin after the final adjournment of the old mayor and council, on the first Monday in January following their election, and they shall hold their office for four years and until their successors are elected and qualified. Section 2: It is hereby declared to be the intention of this Ordinance that its sections, paragraphs, sentences, clauses and phrases are severable, and if any section, paragraph, sentence, clause or phrase of this Ordinance is declared to be unconstitutional or invalid, it shall not affect any of the remaining sections, paragraphs, sentences, clauses or phrases of this Ordinance. Section 3: All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. Section 4: This Ordinance shall become effective upon the signature or without the signature of the Mayor, subject to Georgia laws 1983, page 4119.

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DATE: December 29, 1988 APPROVED: /s/ Vicki Chastain Mayor and Council ATTEST: /s/ Lillian C. Harris City Clerk CLERK'S CERTIFICATION GEORGIA COBB COUNTY CITY OF MARIETTA I, LILLIAN C. HARRIS , hereby certify that I am Clerk for the City of Marietta and the lawful custodian of the records of said municipality, and as such do hereby certify that the attached Ordinance No. 4685 is a true and correct copy as same appears of record as approved by the Governing Body in a special meeting held on Thursday, December 29, 1988. WITNESS my hand and Seal of the City of Marietta, Georgia, this 4th day of January, 1989. /s/ Lillian C. Harris Lillian C. Harris City Clerk Filed in the Office of the Secretary of State January 6, 1989. CITY OF PATTERSON MUNICIPAL OFFICES; TERMS. AN ORDINANCE TO PROVIDE FOR THE COMMENCING OF THE TERMS OF MUNICIPAL OFFICERS WHEREAS, THE MUNICIPAL CHARTER OF THE CITY OF PATTERSON, Pierce County, Georgia, provides that the terms of municipal office, are to begin at the first organizational

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meeting in January following a general municipal election, and WHEREAS, the Georgia Municipal Election Code has been amended to provide that said terms of municipal office shall commence January 1, following a general municipal election unless otherwise provided by an ordinance of the municipality, and WHEREAS, this governing body desires to continue having municipal terms of office commence at the first organizational meeting in January following a general municipal election, IT IS HEREBY ORDAINED that all terms of municipal offices shall commence at the first organizational meeting in January following a general municipal election beginning in January, 1989. All ordinances and parts of ordinances and of the Municipal Charter of the City of Patterson in conflict with the herein enacted Ordinance are hereby repealed. ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PATTERSON, GEORGIA, this 1st day of December, 1988. /s/ Johnny Wooten MAYOR, City of Patterson, Georgia. ATTEST: /s/ Cynthia Griner CITY CLERK, City of Patterson, Georgia. CERTIFIED COPY OF MUNICIPAL ORDINANCE ADOPTED DECEMBER 1, 1988. THE CITY OF PATTERSON /s/ Cynthia Griner 1/4/89 City Clerk

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Filed in the Office of the Secretary of State January 6, 1989. CITY OF ANDERSONVILLE MUNICIPAL OFFICES; TERMS. ORDINANCE ORDINANCE COVERING MUNICIPAL OFFICES WITH TERMS OF 2 YEARS AS PROVIDED WITHIN THE CHARTER OF THE CITY OF ANDERSONVILLE WHEREAS the City of Andersonville have terms of municipal office of two years as of January 1, 1989 according to the charter of the City of Andersonville. WHEREAS the term of a municipal office begins at the first organizational meeting in January following a general municipal election the first Saturday in December. WHEREAS the governing body of the City of Andersonville in regular session December 5, 1988 did vote unanimously to keep the terms of office for the City of Andersonville to a two (2) year term as provided in the charter for all offices elected. WHEREAS this ordinance will be kept on file in City Hall at the City of Andersonville and a certified copy be filed with the Secretary of State by January 31, 1989. PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF ANDERSONVILLE ON THE 5th DAY OF December, 1988. By: L. F. Easterlin, Mayor Leon Holloway, Councilperson Dicie Hamilton, Councilperson Pauline Steed, Councilperson

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Charles Tyson, Council person Ray Brookins, Councilperson Witness my hand and official signature this 5th day of December, 1988. By: /s/ Jerry Hargrove Jerry Hargrove, City Clerk My commission expires 1-11-92 Filed in the Office of the Secretary of State January 9, 1989. CITY OF SMYRNA MAYOR AND COUNCIL; ELECTION DAYS; TERMS OF OFFICE. Sec. 6. Election days; terms of office of mayor and councilmen; ward residence. The corporate powers of the City of Smyrna shall be vested in a mayor and seven (7) councilmen. One (1) councilman shall be elected from each of seven (7) wards provided for hereinafter and shall be elected only by the voters of the ward from which a candidate offers for election. A candidate for councilman shall be a resident of the ward from which the candidate offers for election, and a councilman must remain a resident of the ward from which elected during a term of office. Each councilman shall be elected by a majority of the voters voting within each respective ward. The mayor may reside anywhere within the corporate boundaries of the city and shall be elected by a majority of the voters voting from the city at large. Beginning in 1987 the election of mayor and all seven (7) councilmen shall take place on the first Tuesday of November. Hereinafter, they shall serve for a term of four (4) years and until their successors are elected and qualified, the same becoming effective on the first Monday in January following each election. Prior to the holding of a general municipal election occurring before January 1, 1993, thirty (30) days public notice in a newspaper of general circulation in

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the municipality is required. January 4, 1989 Secretary of State 330 Capitol Avenue, SE Atlanta, GA 30334 ATTN: Nell Howell Dear Ms. Howell: This will certify that the attached is a true and correct copy of Section 6 of the City of Smyrna Charter concerning election days and terms of office. This section also provides for the commencement of offices on the first Monday of January following each election. This section was approved by council on December 7, 1987. Please let me know if I need to provide you with any additional information. Sincerely, /s/ Melinda Dameron Melinda Dameron City Clerk Filed in the Office of the Secretary of State January 10, 1989. CITY OF CAMILLA MAYOR AND COUNCIL; TERMS. AN ORDINANCE WHEREAS, Section 2-3 of the Charter of the City of Camilla approved March 27, 1972, (Ga. L. 1972 p. 2919) as

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amended particularly by Act approved March 25, 1986 (Ga. L. 1986 p. 4493) provides that The terms of office for Mayor and Councilmen shall commence and expire on the second Monday (the date of the first organizational meeting) in January next following the general municipal election(s) and that such terms be for a period of three years; and WHEREAS, the present Mayor and Council of the City of Camilla desire to continue commencing and ending the terms of office as provided for in its charter. NOW THEREFORE, be it ordained by the Mayor and Council of the City of Camilla and it is hereby enacted by authority of the same as follows: Section 1. That the governing authority of the City of Camilla does hereby state and confirm its intention to continue commencing and ending the terms of office for Mayor and Councilmen at the first organizational meeting in January next following the general municipal elections as provided in the Charter for the City of Camilla. Section 2. That a certified copy of this ordinance be filed with the Office of the Secretary of the State of Georgia, on or before January 31, 1989. Section 3. That all ordinances and resolutions in conflict with this ordinance are hereby repealed. Section 4. The effective date of this ordinance shall be the date of its adoption. SO ORDAINED this 12 day of December, 1988. MAYOR AND COUNCIL CITY OF CAMILLA By /s/ A. A. McNeill, Jr. Mayor Attest /s/ Nell Worsham Clerk

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(SEAL) GEORGIA, MITCHELL COUNTY. I, Nell Worsham, Clerk of the City of Camilla, Georgia, do hereby certify that the above and foregoing is a true and correct copy of an ordinance duly adopted at the December 12, 1988, meeting of the Mayor and Council of the City of Camilla. Dated this 9 day of January, 1989. /s/ Nell Worsham Nell Worsham, Clerk City of Camilla, Georgia (SEAL) Filed in the Office of the Secretary of State January 11, 1989. CITY OF SALE CITY MAYOR AND COUNCIL; TERMS. AN ORDINANCE WHEREAS, Section 4(e) of the Charter of the City of Sale City approved August 12, 1910, (Ga. L. 1910 p. 1117) as amended by Act approved April 2, 1963 (Ga. L. 1963 p. 2823) and as amended by Act approved March 14, 1983 (Ga. L. 1983 p. 3748) provides that The terms of office for Mayor and Councilmen shall begin on the second Monday (the date of the first organizational meeting) in January of the year following the respective election(s)... said terms shall continue for three years and until their successors are elected and qualified.; and WHEREAS, the present Mayor and Council of the City of Sale City desires to continue commencing the terms of office as provided for in its charter.

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NOW THEREFORE, be it ordained by the Mayor and Council of the City of Sale City and it is hereby enacted by authority of the same as follows: Section 1. That the governing authority of the City of Sale City does hereby state and confirm its intention to continue the commencing of the term of office for Mayor and Councilmen at the first organizational meeting in January following the general municipal election as provided in the Charter for the City of Sale City. Section 2. That a certified copy of this ordinance be filed with the Office of the Secretary of the State of Georgia, on or before January 31, 1989. Section 3. That all ordinances and resolutions in conflict with this ordinance are hereby repealed. Section 4. The effective date of this ordinance shall be the date of its adoption. SO ORDAINED this 12 day of December, 1988. MAYOR AND COUNCIL CITY OF SALE CITY By /s/ Fred Gurley Mayor Attest /s/ Jan McLeod Clerk (SEAL) GEORGIA, MITCHELL COUNTY. I, Jan McLeod, Clerk of the City of Sale City, Georgia, do hereby certify that the above and foregoing is a true and correct copy of an ordinance duly adopted at the December 12, 1988, meeting of the Mayor and Council of the City of Sale City. Dated this 13 day of January, 1989.

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/s/ Jan McLeod Jan McLeod, Clerk City of Sale City, Georgia (SEAL) Filed in the Office of the Secretary of State January 17, 1989. CITY OF CUTHBERT MAYOR AND ALDERMEN; TERMS AN ORDINANCE TO SPECIFY THAT THE TERMS OF THE CITY'S ELECTED OFFICES OF ALDERMEN AND MAYOR SHALL COMMENCE AT THE FIRST ORGANIZATIONAL MEETING OF SAID MAYOR AND COUNCIL IN THE MONTH OF JANUARY FOLLOWING ELECTION; TO INVOKE THE OPTION AUTHORIZED BY O.C.G.A. , SECTION 21-3-62(b); TO REPEAL CONFLICTING LAWS; TO SPECIFY AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the General Assembly of Georgia by general law, codified as O.C.G.A. , Section 21-3-62(b), has specified: If a municipal charter provides that the term of a municipal office begins at the first organizational meeting in January following a general municipal election and if the municipality has terms of municipal office of two years as of January 1, 1989, then the local governing body may continue the commencing of the term of office as provided in the charter for all offices by passing an ordinance on or before January 1, 1989, stating that intent. A certified copy of such ordinance shall be filed with the office of the Secretary of State by January 31, 1989.; and WHEREAS, Section 10 of the City Charter provides that the Aldermen of the City shall serve a term of two (2) years commencing on the first Tuesday in January following their election, and further provides that the City's Mayor shall serve

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a term of two (2) years commencing on the first Tuesday following his election; and WHEREAS, the Mayor and Council of the City of Cuthbert, Georgia have determined that it is in the best interests of the citizens of the City that the terms of elected offices in the City, both for Aldermen and Mayor, continue to commence as specified in the City Charter, to the end that better and more efficient continuity of government will prevail; NOW, THEREFORE, BE IT ORDAINED, by the Mayor and Council of the City of Cuthbert, Georgia, and it is hereby ordained by the authority of same, as follows: SECTION 1. DEFINITIONS; RULES OF CONSTRUCTION; GENERAL (a) As used in this Ordinance, the following words and phrases shall have the following meanings: (1) City means The City of Cuthbert, Georgia. (2) Mayor and Council means the Mayor and Council of the City of Cuthbert, Georgia. (3) O.C.G.A. means and refers to the Official Code of Georgia, Annotated (Michie, 1982), as now existing or hereafter amended. (4) City Charter means the Charter of the City of Cuthbert, Georgia as prescribed in Ga. Laws, 1963, pp. 3065, et. seq., as now existing or hereafter amended. (5) Clerk means the City Clerk of the City of Cuthbert, Georgia. (b) Unless the context clearly indicates to the contrary: (1) herein, hereby, hereunder, hereof, hereinbefore, hereinafter, and other equivalent words refer to this Ordinance and not solely to the particular portion thereof in which any such word is used;

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(2) any pronoun used herein shall be deemed to cover all genders; (3) all references herein to particular Sections are references to Sections of this Ordinance; (4) the singular shall include the plural and the plural shall include the singular; and (5) section titles are for convenience of reference only and neither limit nor amplify the provisions of this Ordinance. SECTION 2. COMMENCEMENT OF TERM FOR ELECTED OFFICES OF THE CITY. Any Mayor or Alderman of the City elected to office during any general municipal election following the effective date of this ordinance shall have his or her term of office commence on the date as specified in the City Charter. It is the intent of the Mayor and Council by passing this ordinance to invoke the option authorized by O.C.G.A. , Section 21-3-62(b), to the end that terms of elected offices of the City shall commence at the first Regular Meeting of the Mayor and Council to be held on the First Tuesday during the Month of January in the applicable year, rather than on January 1 of the applicable year as would otherwise be required by General Law. SECTION 3. FILING WITH SECRETARY STATE OF GEORGIA. The City Clerk shall file a certified copy of this ordinance with the Secretary of State of Georgia at the earliest practicable time following the effective date as herein specified, and on or before January 31, 1989. SECTION 4. SEVERABILITY. If any provision of this Ordinance shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate any other provision hereof. Should a term, condition or provision of this Ordinance become in conflict with a federal or state law, regulation or rule and said conflict results in modification of such term, condition or provision, then only the specific term, condition or provision will be affected, and all other terms, conditions or provisions of this Ordinance will remain in full force

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and effect. SECTION 5. REPEALER. All ordinances or resolutions of the City, or parts of such ordinances or resolutions, in conflict with this Ordinance, and existing as of the effective date hereof, are hereby expressly repealed. SECTION 6. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its approval by the Mayor and Council. The above Ordinance ratified, approved and adopted by the Mayor and Council of the City of Cuthbert, Georgia, at a Regular Meeting of said Mayor and Council, duly called, held on the 6th day of December, 1988, at 7:30 o'clock p.m. in City Hall in Cuthbert, Randolph County, Georgia, by unanimous vote with no abstentions, as hereinafter indicated, to-wit: Alderman Vote Earl Thompson AbsentAyeNayAbstain Richard Lee AbsentAyeNayAbstain Faye McCrary AbsentAyeNayAbstain Steve Whatley AbsentAyeNayAbstain Wesley Shorter AbsentAyeNayAbstain Betty Jones AbsentAyeNayAbstain This 6th day of December, 1988. CITY OF CUTHBERT, GEORGIA By: /s/ Phelix Rivers, Jr. Mayor

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ATTEST: /s/ Shanda Ashley CITY CLERK CLERK'S CERTIFICATE I, SHANDA ASHLEY, the undersigned, do hereby certify that I am the duly constituted and acting Clerk of the City of Cuthbert, Georgia, and that the foregoing Ordinance was duly approved and adopted by the Mayor and Council of the City of Cuthbert, Georgia, at a Regular Meeting of said Mayor and Council held on December 6, 1988, at 7:30 o'clock p.m. at City Hall in said City, and that said Ordinance is now in effect and has not been amended, rescinded, modified or changed in any manner. I further certify that the original of said Ordinance is part of the minutes of said Meeting, which minutes are in my custody, possession and control as Clerk of said City. This 16th day of December, 1988. /s/ Shanda Ashley SHANDA ASHLEY, City Clerk [SEAL OF THE CITY] Filed in the Office of the Secretary of State January 18, 1989. CITY OF MEIGS MAYOR AND COUNCIL; TERMS; ORGANIZATIONAL MEETING. THE COUNCIL OF THE CITY OF MEIGS HEREBY ORDAIN: ELECTION LAW ORDINANCE were placed on the first reading and on a motion by Councilman James W. Carter, seconded by Councilman D. W. Bell, Jr. and carried the Terms

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and Qualifications of Office, (Section 2.11 Charter 1976) and Organization Meeting, (Section 2.30, Charter 1976), remain the same as the Charter of 1976. The second reading to be dispensed with and the third reading at a later called meeting. The council Adjourned. The Council was called back in session and placed the Two year term and the Organization of council on the third Tuesday in January on the third reading and on a motion by Councilman W. D. Hickey, seconded by Councilman Levon Gassett and carried to stay the same as City of Meigs Charter of 1976. I, Marceline Yarborough, City Clerk of The City of Meigs, hereby certify that the following is an exact copy of an Ordinance adopted at the City of Meigs Council meeting held on December 15, 1988. /s/ Marceline Yarborough Clerk SEAL Filed in the Office of the Secretary of State January 19, 1989. CITY OF SUGAR HILL MAYOR AND COUNCIL; TERMS; ELECTION DATES. ORDINANCE The Council of the City of Sugar Hill, Georgia hereby ordains: That the official terms for the Mayor and Councilmembers be four (4) years as to comply with the Georgia Statutes. These four years terms will be staggered and will begin with officials elected in 1989. Beginning January 1, 1993 all municipal

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general elections will be held on the Tuesday next following the first Monday in November. The statute further provides that each municipal general election will be held every two (2) years (bi-annually) thereafter. This Ordinance shall become effective on the 12 day of December, 1988. IT IS SO ORDAINED, this 12 day of December, 1988. /s/ George Haggard Mayor /s/ Reuben G. Davis Councilperson /s/ Bobbie Queen Councilperson /s/ David L. Hawthorne Councilperson /s/ Bobby Fowler Councilperson /s/ Thomas C. Morris, Sr. Councilperson /s/ Judy Foster Attest SEAL Filed in the Office of the Secretary of State January 19, 1989.

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TOWN OF LESLIE MAYOR AND COUNCIL; TERMS. AN ORDINANCE ENACTED PURSUANT TO THE PROVISIONS OF 21-3-62(b) OF THE OFFICIAL CODE OF GEORGIA ANNOTATED CONTINUING THE COMMENCING OF THE TERMS OF OFFICES AS PROVIDED IN THE CHARTER OF THE TOWN OF LESLIE, GEORGIA BE IT ORDAINED, and it is hereby ordained by the Mayor and Council of the Town of Leslie, Georgia, that pursuant to the provisions of 21-3-62(b) of the Official Code of Georgia Annotated (Georgia Laws 1987, Page 787, Section 1) and as authorized by the Charter of the Town of Leslie, Georgia, all terms of municipal offices, the same being presently two years pursuant to the provisions of said Charter, shall begin at the first organizational meeting in January following a general municipal election in said Town of Leslie, Georgia, and continue for a period of two years from such commencement. It is the purpose and intent of this Ordinance that all municipal offices of the Town of Leslie, Georgia, shall remain fixed for a period of two years each as authorized by the provisions of Section 21-3-62(b) of the Official Code of Georgia Annotated (Georgia Laws 1987, Page 787, Section1). SO ORDAINED this 29th day of December, 1988. /s/ Mary Lou Reis Clerk (Municipal Seal Affixed) (Certified Copy) I, W.T. Anderson, Jr., Mayor, Town of Leslie, Georgia, do hereby certify that the above is a true and correct copy of an ordinance enacted by the Mayor and Town Council of Leslie, Georgia, at a Council Meeting held on December 29, 1988 and is a portion of the minutes of that meeting. /s/ W.T. Anderson, Jr.

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W.T. Anderson, Jr., Mayor Town of Leslie, Georgia January 20, 1989 Filed in the Office of the Secretary of State January 24, 1989. CITY OF DULUTH MAYOR AND COUNCIL; TERMS ORDINANCE The Council of the City of Duluth, Georgia hereby ordains that: WHEREAS, the Charter of the City of Duluth provides that elected officials will take office at the first organizational meeting of the year to be held in January; and WHEREAS, O.C.G.A. 21-3-62 provides that the term of all municipal officers elected in 1990 or thereafter will begin on January 1st of the following year unless an Ordinance is passed by the governing body stating its intent to have its terms of office begin at the first organizational meeting in January; and WHEREAS, The City of Duluth desires for the terms of its elected officials to continue to commence at the first organizational meeting in January; IT IS HEREBY ORDAINED that the City of Duluth hereby declares that the terms of its elected officials shall begin at the first organizational meeting in January following a general municipal election in accordance with the terms of O.C.G.A. 21-3-62 (b) and that a certified copy of this Ordinance shall be filed by the City Clerk with the Office of the Secretary of State by January 31, 1989 as required by law. IT IS SO ORDAINED, this 27th day of December, 1988.

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/s/ Bobby G. Williams Mayor /s/ O. J. Howell, Jr. Council Member /s/ Charles Barrett Council Member /s/ Jason K. Moore Council Member /s/ Richard H. King Council Member /s/ Ronald Peterson Council Member Attested By: /s/ Kenneth Pittard CITY CLERK Filed in the Office of the Secretary of State January 30, 1989. CITY OF DUDLEY MAYOR AND COUNCIL; TERMS; ORGANIZATIONAL MEETING. ORDINANCE AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF DUDLEY, GEORGIA, SO AS TO ADOPT AND ENACT A SET OF REGULATIONS REGARDING THE TERMS OF OFFICE AND INSTALLATION OF MEMBERS OF THE CITY COUNCIL OF THE CITY OF DUDLEY, GEORGIA, AND TO PROVIDE FOR THE ANNUAL ORGANIZATIONAL MEETING OF THE CITY

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COUNCIL OF THE CITY OF DUDLEY, GEORGIA, AND TO PROVIDE FOR THE EFFECTIVE DATE OF SUCH ORDINANCE. The Council of the City of Dudley hereby ordains that the Code of the City of Dudley, Georgia, is hereby amended as follows: Sec. 2-2-6 Purposes, Objectives, and Intent. The intent of these regulations is to provide for the harmonious transition of the terms of office of outgoing Council Members and incoming Council Members as defined in Section 2.11 entitled Terms and Qualifications of Office, and Section 2.30 entitled Organizational Meeting, as defined in the Charter of the City of Dudley, Georgia. Sec. 2-2-7 Authority. The Dudley election regulations are adopted under authority granted by the Charter of the City of Dudley, and SECTION 21-3-60 O.C.G.A. et seq., Georgia Laws 1987, Page #787, Section 1. Sec. 2-2-8 Terms of Office. The Mayor and Council members of the City of Dudley, Georgia, shall serve for terms of office as prescribed in Section 21-3-62 and 21-3-63 O.C.G.A. , enacted by Georgia laws 1987, Page 787, Section 1. They shall serve until their respective successors are elected, qualified and installed in office at the first organizational meeting in January, following the General Municipal Election. Sec. 2-2-9 Organizational Meeting and Installation of Mayor and Council. The Mayor and Council shall meet for the Organizational Meeting on the second Tuesday of January in each year following the General Municipal Election. The meeting shall be called to order by the City Clerk, and the Oath of Office shall be administered to the newly elected members as follows:

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a) I do solemnly swear that I will well and truly perform the duties of Mayor (or Councilman, as the case may be), of the City of Dudley, Georgia, and that I will support and defend the Charter thereof, as well as the Constitution, and the laws of the State of Georgia, and of the United States of America. b) Following the induction of new members, the Council by majority vote of all members thereof, shall elect one of their number to be the Mayor Pro Tem, who shall serve for a term of one year and until his successor is elected and qualified. c) Following the induction of all new members of the Council and the Mayor, said members shall be duly elected, qualified, and inducted into office, and able to perform all acts, and perform all duties and responsibilities prescribed upon them by the Charter of the City of Dudley, Georgia, the Code of Ordinances of the City of Dudley, Georgia, and the Official Code of Georgia Annotated. The effective date of this Ordinance shall be the first day of January, 1989, and all Ordinances, and parts of Ordinances in conflict herewith, are hereby expressly repealed. SO ORDAINED, this 20 day of December, 1988, by a vote of 5 for and 0 against. Approved by: /s/ Jerold Miller JEROLD MILLER, Mayor Attested by: /s/ Janice Ballard JANICE BALLARD, City Clerk 1st Reading Dec. 12, 1988 2nd Reading Dec. 20, 1988 CLERK'S CERTIFICATION RE: ELECTION ORDINANCE FOR TERMS OF OFFICE AND ORGANIZATIONAL MEETING CITY OF DUDLEY, GEORGIA

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I, JANICE BALLARD, City Clerk, of the City of Dudley, Georgia, do hereby certify that the attached Ordinance is a true and correct copy of the instrument, as it appears in the records of the office of the City Clerk, City of Dudley, Georgia. Witness my hand and seal, this 10 day of January, 1989. /s/ Janice Ballard JANICE BALLARD, City Clerk City of Dudley, Georgia Seal: Filed in the Office of the Secretary of State January 31, 1989. ELECTED OFFICIALS TERM OF OFFICE CITY OF PELHAM MAYOR AND COUNCIL; TERMS. RESOLUTION # 89-1 STATE OF GEORGIA CITY OF PELHAM, GEORGIA WHEREAS, at the regular meeting of the City Council of Pelham, Mitchell County, Georgia, held on January 10, 1989, a motion was made by Councilmember Lewis Crosby and duly seconded by Councilmember Janet Hinson that the City of Pelham Elected Officials term of Office, as Pursuant to Georgia laws, was designated to remain at two (2) year terms, as has been since 1881. This resolution was introduced by Mayor R. E. Powell and upon roll call the motion was approved by a vote of 7 Ayes and 0 Nays. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City Council of the City of Pelham, Georgia ratify and approve

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the two year term of office. /s/ Marie Stapleton /s/ R.E. Powell City Clerk-Treasurer Mayor January 10, 1989 January 10, 1989 Date Date I, the undersigned, Clerk of the City of Pelham, Georgia, and the keeper of the records and the seal thereof, do hereby certify that the above and foregoing is a true and correct copy of a resolution as approved by the Mayor and Council on the 10th. day of January 1989. /s/ Marie Stapleton City Clerk (SEAL) Filed in the Office of the Secretary of State January 31, 1989. CITY OF PARROTT MAYOR AND COUNCIL; ELECTIONS. RESOLUTION Be it resolved that the City Council of the City of Parrott, Parrott, Georgia, has on this day, January 3, 1989, unanimously voted to continue holding elections for Mayor and five City Council seats every two years. Jan. 3, 1989 /s/ Liza B. Preskitt Date City Clerk Jan. 3, 1989 /s/ J. W. Pritchard Date Mayoir Filed in the Office of the Secretary of State February 15, 1989.

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CITY OF ETON MAYOR AND COUNCIL; TERMS. No. 19886 An Ordinance to Establish the Terms of Office for the Mayor and Councilmembers in compliance with the Georgia Municipal Election Code 21-3-62(b). BE IT ORDAINED BY THE MAYOR AND COUNCIL OF ETON, GEORGIA as follows: Section 1. Municipal offices elected in 1990 shall have their terms expire at the first organizational meeting in January, 1994; Section 2. Municipal offices elected in 1991 shall have their terms expire at the first organizational meeting in January, 1996, and continuing to expire at first organizational meeting thereafter. SO ORDAINED this 6 day of December, 1988. CITY OF ETON By /s/ Jerry D. Bostic Mayor ATTEST: /s/ Anne H. Brindle City Clerk FIRST READING Nov. 1, 1988 SECOND READING Dec. 6, 1988 I hereby certify that the above and foregoing is a true and correct copy of an ordinance duly adopted by the Mayor and

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Council of Eton, Georgia on the 6th day of December, 1988. /s/ Anne H. Brindle Anne H. Brindle, City Clerk Filed in the Office of the Secretary of State February 23, 1989.